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Quinn v. Licausi
Citations: 263 A.D.2d 820; 693 N.Y.S.2d 762; 1999 N.Y. App. Div. LEXIS 8296
Court: Appellate Division of the Supreme Court of the State of New York; July 22, 1999; New York; State Appellate Court
The Supreme Court of Ulster County ruled in favor of the plaintiff, who sustained injuries from a head-on automobile collision on March 8, 1996, awarding him $55,000 for pain and suffering from the date of the accident to the trial date. However, the jury did not award damages for future pain and suffering or for any permanent effects of the injuries. The defendant appealed, arguing that the court erred in denying her motion for a directed verdict due to the plaintiff's failure to establish a prima facie case of serious injury under Insurance Law § 5102(d). The appellate court reviewed the record and concluded that the plaintiff had indeed established a prima facie case of serious injury, as the evidence allowed the jury to rationally determine that the plaintiff experienced a significant limitation in the use of a body function or system. The court noted that while subjective medical opinions alone are insufficient to substantiate claims of serious injury, the plaintiff presented objective evidence, including a post-accident MRI revealing a herniated disc and corroborating medical testimony regarding his persistent pain and functional limitations. The neurologist, Michael Weintraub, testified that the MRI findings aligned with the plaintiff’s complaints and indicated a significant injury resulting from the accident. The jury's determination was thus supported by sufficient evidence, and the appellate court found no basis for deeming the verdict against the weight of the evidence. Additionally, the court rejected the defendant's claims regarding errors in the jury instructions. The judgment of the lower court was affirmed, with costs awarded to the plaintiff.