RLF recently obtained summary judgment in a personal injury case on the basis that the plaintiff did not sustain “serious injury” as defined by Insurance Law § 5102(d). In granting the motion for summary judgment and dismissing the case, the Supreme Court of Nassau County held that defendants established their burden by proving plaintiff’s miscarriage was not causally related to the accident, and her various “soft tissue” injuries or limitations did not constitute “serious injury.”
The lawsuit arose out of a two-car accident in Elmont, New York. Plaintiff claimed she suffered various injuries to her neck and back and that she sustained a miscarriage as a result of the accident. RLF established through expert opinion that plaintiff’s miscarriage was not causally related to the accident. Through examining medical records and plaintiff’s gestational reports, RLF was able to prove that plaintiff’s miscarriage in fact occurred numerous days prior to the accident. Additionally, RLF proved that plaintiff failed to meet her burden to prove that her cervical and lumbar limitations rose to the threshold requirement for “serious injury” as required by New York Insurance Law. Plaintiff claimed she sustained severe limitations in range of motion; however, RLF was able to combat plaintiff’s expert affidavit by showing plaintiff failed to treat for a period of time, did not miss extended time from work, and ultimately her limitations did not rise to the level of “serious injury.” A copy of the Court’s decision can be found here.