“Serious Injury” Threshold

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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
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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
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Recently in Amadu v. Stratus Hacking Corp., a car accident case, the New York Supreme Court, Queens County held that plaintiff presented sufficient evidence to raise a triable issue of fact as to whether he suffered a “serious injury” within the meaning of Insurance Law Section 5102(d). The “serious injury” issue is critical in an automobile…

Read More Medical Evidence of “Strained Lumbar Spine” and “Right Ankle Sprain” Sufficient to Create Fact Issue Regarding “Serious Injury” in Car Accident Case
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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
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In Ramkumar v. Grand Style Transportation Enterprises, Inc., the New York Court of Appeals recently reversed a summary judgment for defendant in plaintiff’s lawsuit seeking recovery for injuries sustained in a car accident. This case addresses the sufficiency of evidence for a plaintiff to claim that s/he suffered a “serious injury” despite their discontinuance of…

Read More Fact Issue Arising From Explanation for Gap in Treatment Precludes Summary Judgment as to “Serious Injury” in Car Accident Case
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In Albano v. Stein, a rear-end collision case, a Brooklyn trial court denied summary judgment to defendants on the issues of liability, serious injury, and causation. There, plaintiff Albano’s car was struck from behind by a car owned by Atkins and driven by Stein: Ms. Albano was either backing or had just backed her vehicle…

Read More Brooklyn Car Accident Case Survives Summary Judgment on Liability and “Serious Injury” Threshold
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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
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In Ahmad v. Bivomi M. Alshorbagi and Jacal Hacking Corp. (N.Y. Sup. July 22, 2011), the court considered, and rejected, defendant’s CPLR 4404 motion for various elements of post-trial relief following a jury’s damage award.  Plaintiff sued defendants, the driver and owner of a taxi that struck him at LaGuardia Airport.  A trial judge granted…

Read More NY Supreme Court rejects defendants’ motion to set aside jury damages award
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