Client: Costco Wholesale
Court: Superior Court of New Jersey Appellate Division
Trial Attorney: Jennifer A. Cottell, Esq.
Brief Attorney: McKenna R. Parris, Esq.
**Results may vary depending on your particular facts and legal circumstances**
The Appellate Division affirmed the trial court’s denial of the Petitioner’s Motion for Medical and Temporary Benefits. The trial court found Costco’s two expert witnesses, both authorized treating doctors, more credible than the Petitioner’s medical expert who did not review significant medical records including an MRI of the lumbar spine and an EMG study. He was also unaware of the Petitioner’s prior back injury. Nevertheless, his treatment of one injection provided only 50% relief for one week, and he had no definitive future treatment plan for the Petitioner. The trial judge concluded that the Petitioner did not sustain her burden of proving that she was in need of further causally related medical treatment. The Appellate judges found that there was sufficient credible evidence in the record to support the trial court’s decision and affirmed.
