The New Jersey Appellate Division reversed a trial judge’s dismissal of a case involving a woman with preexisting injuries who brought claims for two separate car accidents in two years, holding that the burden is on the defense, not the plaintiff, to demonstrate that the alleged injuries had multiple different causes.

According to the appeals court’s June 14 opinion, Sabrina N. Blocker was involved in a three-car accident in 2016 with Joseph Revolinsky and Richard DeLoatch. After being treated and released from St. Peter’s University Hospital, she sought additional care at Robert Wood Johnson Medical Center for low back pain. A second car accident with Doris Henriquez on March 31, 2018, “significantly worsened” her pain, according to Dr. Wael Elkholy’s expert witness evaluation of Blocker.

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