Dr. Lotan also referred to the thesis presented to him that in the plaintiff's case there was a series of previous traumatic events, including the fall on the buttocks in 2016, receiving a deep tissue massage and complaints of pain in the cervical spine, which were supported by imaging findings from 2012. To this, the expert replied unequivocally that he did not agree with the thesis, and reiterated the fact that there is no significant medical background regarding the lumbar spine, when the clarification in the plaintiff's case deals with neck pain, and it is not possible to complete the implications of cervical illness on lumbar disease.
- In response to the court's questions, Dr. Lotan replied that even in the case of a relatively small jump that caused the plaintiff's body to rise 2 centimeters in the air, it is more likely that the result was caused as a result than the possibility of a massage. The expert explained that in the case of tremor or vibration, although this is not a common mechanism for a herniated disc, it depends on the energy and speed of the motorcycle's brakes, and concluded: "Significantly, the mechanism of axial pressure of compression of the disc can cause a herniated disc is my contribution to the discussion." [Prov. at p. 60]. He clarified that the doubt he mentioned in the opinion relates to the initial medical documentation, as well as to the difference in time until receiving treatment, but at the same time noted that seeking medical treatment after a few days is also a reasonable period of time.
- At the end of Dr. Lotan's testimony, the conclusion was strengthened that the herniated disc that occurred to the plaintiff and the disability from which she suffers occurred as a result of the incident of driving on the cattle propulsion passage. The expert determined that it is unlikely that the herniated disc was the result of a fall on the buttocks about two years earlier, nor is it likely that it occurred as a result of deep tissue massage, or as an accumulation of all these circumstances. In this regard, it should be noted in parentheses that since the expert ruled out the possibility of the existence of a previous medical condition, then these claims may, at most, describe the plaintiff as having a "thin skull". According to the case law, even if the plaintiff had a "hidden" bodily impairment, which was not expressed functionally or clinically and remained a "tendency" - and it was not proven that this was the case - once the medical impairment was rendered effective following the incident, the tortfeasor is liable for the full extent of the damage, as opposed to the aggravation of the existing situation (see Civil Appeals Authority 1005/14 Anonymous v. Anonymous [published in Nevo] (August 11, 2014)). Therefore, even if the fall on the buttocks is taken into account, in the absence of a previous disability and in the absence of a causal connection according to the expert's determination, it is possible to establish a causal connection to the travel event.
The expert expressed his opinion that even in the case of a significantly smaller jump than what was initially described to him, it is still likely that the incident caused the injury. In this regard, it should be noted that since the defense expert agreed that there was a possibility that a jump to a height of about 2 centimeters had occurred, and Dr. Lotan expressed his opinion that such a jump could also cause injury to the plaintiff, then the fact that he was initially presented with a different figure regarding the height of the jump does not detract from his determination.