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Cracchiolo v. Omerza
Citations: 87 A.D.3d 674; 928 N.Y.2d 644
Court: Appellate Division of the Supreme Court of the State of New York; August 23, 2011; New York; State Appellate Court
The defendants did not satisfy their prima facie burden to demonstrate that the plaintiffs did not incur a serious injury under Insurance Law § 5102(d) due to the accident. The court referenced several cases, including Toure v. Avis Rent A Car Systems and Gaddy v. Eyler, to support this conclusion. The findings from Dr. Harvey Fishman, the defendants’ examining orthopedist, regarding the range of motion tests for the plaintiffs’ cervical and thoracolumbosacral spine regions were deemed inconsistent, undermining the defendants' claim for judgment as a matter of law. Additional arguments from both parties were found to be either meritless or irrelevant based on this ruling. Judges Mastro, J.E., Florio, Belen, and Chambers concurred with the decision.