Injury to Shoulder

In Steele v. Santana (App Div. 1st Dept. 2/19/15), a personal injury injury car accident case, the Appellate Division, First Department reversed the lower court’s determination that plaintiff did not suffer a “serious injury” within the meaning of section 5102(d) of the New York Insurance Law. In this case, plaintiff alleges that she suffered injuries to…

Read More Evidence of Tendon and Rotator Cuff Tears Present Triable Issue of Fact Relating to “Serious Injury” in Car Accident Case

In Halsey v New York City Transit Authority, 114 AD3d 726, the Second Department affirmed a judgment, entered on a jury verdict in plaintiff’s favor, in the principal amount of $3,000,000 for future pain and suffering. Plaintiff was injured when a bus on which she was riding struck a utility pole. Plaintiff’s injuries included a protruding…

Read More Court Affirms $3 Million Future Pain and Suffering Jury Award in Bus Accident Case

In Kang v. Almanzar, the Appellate Division, First Department recently modified the trial court’s grant of summary judgment to defendant on the issue of whether plaintiff suffered a “serious injury” to her right shoulder under the “significant limitation in use” category set forth in Insurance Law § 5102(d). Initially, Defendants made a prima facie showing that…

Read More Plaintiff Presents Sufficient Evidence of “Significant Limitation” to Right Shoulder to Meet “Serious Injury” Threshold

In Ferrara v. Middleton, the Appellate Division, First Department recently held that plaintiff raised an issue of fact as to whether he satisfied the “serious injury” threshold of New York’s “No Fault Law” sufficient to defeat defendants’ motion for summary judgment.  Defendants met their initial burden on summary judgment: Defendants established prima facie that plaintiff did…

Read More Plaintiff Raises Fact Issue as to Whether Shoulder Injury Constitutes a “Serious Injury” Under the No-Fault Law

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