Herniated Disc

In Contreras v. United Rentals (North Am.) Inc., a car accident case, the Supreme Court, Suffolk County, denied defendants’ motions for summary judgment dismissing plaintiffs’ complaint on the ground that they did not suffer a “serious injury” within the meaning of New York Insurance Law § 5102(d). Marcos Conteras was driving, and Nydia Contreras was…

Read More Evidence of “Serious Injury” Precludes Summary Judgment for Defendants in Tractor Trailer Accident Case

In Trezza v. Metropolitan Transportation Authority, the Appellate Division, First Department recently affirmed and modified a decision by the Supreme Court, Bronx County relating to the damages phase of a car accident case. The trial court entered a judgment on a jury’s verdict awarding plaintiff damages in the amounts of $500,000 for past pain and…

Read More First Department Finds “Serious Injury” Based on Shoulder and Spine Injuries, and Conditionally Modifies Damages in Car Accident Case to $300,000 for Past Pain & Suffering

In Nelson v. Tamara Taxi, the Appellate Division, First Department reversed a summary judgment dismissing plaintiff’s complaint on the ground that he did not establish a “serious injury” under the Insurance Law. In this car accident case, plaintiff alleged that he sustained serious injuries when the front of his vehicle was struck by a taxi.…

Read More Evidence of Injuries to Spine, Shoulder, and Knee Sufficient to Defeat Summary Judgment as to “Serious Injury” in Car Accident Case

In Noon v. IBM, the Southern District of New York recently ruled against defendant on plaintiff’s discrimination, failure-to-accommodate, and retaliation claims under the Americans with Disabilities Act of 1990 (ADA). Plaintiff sued her employer, International Business Machines (IBM), for violations of the Americans with Disabilities Act of 1990 (ADA). Plaintiff, who began working for IBM in…

Read More Disability Discrimination Case Against IBM Continues

In Angeles v. American United Transp., Inc., a car accident case, the Appellate Division, First Department, affirmed the trial court’s (Supreme Court, Bronx County) denial of defendants’ motion for summary judgment on the “serious injury” threshold issue. The “serious injury” threshold frequently arises in automobile accident cases. Section 5104(a) of the New York Insurance Law…

Read More “Serious Injury” Found Based on Cervical and Lumbar Spine injuries

In Allen v. Rivera, a rear-end collision case, the trial court found that summary judgment was not appropriate as to (1) liability and (2) the “serious injury” threshold.  A car driven by Allen, the plaintiff, was struck from behind by a car driven by Rivera. 1.      Liability – Rear-End Collision The court began by stating…

Read More Summary Judgment Denied As To (1) Liability and (2) Serious Injury In Rear-End Collision Case