Associate Regina Koyfman, with the assistance of Partner Daniela F. Henriques, recently defeated a defendant’s motion seeking dismissal on the issue of serious injury threshold. Our client (“plaintiff”) was a passenger in a motor vehicle that was struck on the passenger side, which caused severe injuries in the plaintiff’s neck and back. In support of the defendant’s motion for summary judgment, they submitted the medical affirmation of Dr. James R. Dickson.
On June 10, 2019, Dr. Dickson conducted a defendant’s orthopedic examination of the plaintiff, which revealed the following ranges of motion across the plaintiff’s body:
- In the cervical spine, both left and right rotation were fifty degrees, extension was 30 degrees, and flexion was 80 degrees.
- In the lumbar spine, both left and right rotation were 60 degrees, extension was 30 degrees, and flexion was 80 degrees.
Dr. Dickson’s report stated that the plaintiff had full ranges of motion in their neck and back and reported negative outcomes to all tests. In opposition, Regina Koyfman and Daniela F. Henriques submitted two separate doctors’ reports that revealed the plaintiff suffered from decreased ranges of motion and chronic pain as a direct result of the car accident.
The Court wrote: “The defendants met their burden of showing that the plaintiff did not sustain a serious injury within the meaning of the No-Fault Law as a result of the subject accident by submitting competent medical evidence to show that none of the alleged injuries constituted a serious injury within the meaning of the No-Fault Law and that, in any event, the alleged injuries were not caused by the accident. However, in opposition, the plaintiff raised a triable issue of fact as to whether he sustained a serious injury as a result of the accident.”
At Leav & Steinberg LLP, our attorneys have years of experience with cases involving motor vehicle accidents across the Tri-state area. We can help you seek compensation for your injuries and property damage. To schedule a free consultation, call our office at 212-766-5222.
