Narrative Opinion Summary
The plaintiff claims to have sustained injuries to her lumbosacral spine and shoulders due to an accident. The defendants sought summary judgment, presenting medical evidence that indicated the injuries did not meet the serious injury threshold outlined in Insurance Law § 5102(d). Citing relevant case law, including Toure v. Avis Rent A Car Sys. and Gaddy v. Eyler, they argued that the injuries were not serious. In response, the plaintiff submitted medical evidence demonstrating a triable issue of fact regarding whether her spinal injuries qualified as serious under the categories of permanent consequential limitation of use and significant limitation of use as defined by the same law. Consequently, the Supreme Court denied the defendants’ motion for summary judgment, allowing the case to proceed. Judges Skelos, Angiolillo, Belen, Lott, and Roman concurred with this decision.
Legal Issues Addressed
Denial of Summary Judgmentsubscribe to see similar legal issues
Application: The court found that the plaintiff's evidence was sufficient to deny the defendants' motion for summary judgment, allowing the case to proceed to trial.
Reasoning: Consequently, the Supreme Court denied the defendants’ motion for summary judgment, allowing the case to proceed.
Establishing Triable Issue of Factsubscribe to see similar legal issues
Application: The plaintiff provided medical evidence to demonstrate a triable issue of fact regarding the seriousness of her injuries, challenging the defendants' motion by showing potential qualification under specific categories.
Reasoning: In response, the plaintiff submitted medical evidence demonstrating a triable issue of fact regarding whether her spinal injuries qualified as serious under the categories of permanent consequential limitation of use and significant limitation of use as defined by the same law.
Serious Injury Threshold under Insurance Law § 5102(d)subscribe to see similar legal issues
Application: The defendants argued that the plaintiff's injuries did not meet the serious injury threshold defined by the law, using medical evidence to support their motion for summary judgment.
Reasoning: The defendants sought summary judgment, presenting medical evidence that indicated the injuries did not meet the serious injury threshold outlined in Insurance Law § 5102(d).