In February 2005, plaintiff was hit as he crossed a street. Plaintiff complained of chest pain and was treated for heart-related injures. Plaintiff suffered a heart attack in February 2008 and argued that the accident was the cause of the heart attack. Defendant’s doctor stated that the heart attack did not seem related to the accident years earlier, although no cause was determined. Plaintiff’s doctor stated that to a reasonable degree of medical certainty, the heart attack was related. The court refused to find that as a matter of fact the heart attack was unrelated to the accident and refused to dismiss the case.