Susan H. Dempsey, an associate with the firm, successfully obtained a motion for summary judgment in a personal injury matter.
The plaintiff in the case alleged that, following a February 2014 automobile accident, he suffered serious injuries as defined by Insurance Law § 5102(d). Specifically, the plaintiff alleged significant limitation of use of body functions or systems, which prevented him from performing substantially all of the material acts which constitute his usual and customary daily activities for not less than 90 of the first 180 days immediately following the accident.
Ms. Dempsey submitted a motion for summary judgment, arguing that the plaintiff did not suffer serious injuries as de ned by New York State Insurance Law. On April 10, 2017, the Honorable Paul A. Goetz of the New York County Supreme Court signed an order granting a motion for summary judgment in favor of the defendants. The decision was made pursuant to Insurance Law § 5102(d), which requires the plaintiff to claim serious injuries resulting from the defendant’s negligent ownership and/or operation of a motor vehicle.
The judge found that Ms. Dempsey sufficiently met her burden of proving that there was no material issue of fact in regards to the injuries sustained by the plaintiff. Relying on the reports of the defendant’s radiologist and orthopedic surgeon, the court determined that the injuries to the plaintiff’s lumbar and cervical spine were consistent with a degenerative disease and not acute trauma. The plaintiff failed to raise a triable issue of fact by providing any objective medical evidence showing otherwise. Because there was no objective proof of a causal correlation between the accident and the plaintiff’s injuries, the plaintiff’s 90/180 claim could not be successful. See 2017 NY Slip Op 30731(U).