BABBO BOMBS BIG

In Banguela v. Babbo, Celia Banguela sued Charles Babbo for spinal injuries she incurred in a car accident.

When Babbo tried to have the case dismissed claiming that Banguela didn't suffer a "serious injury" as defined by New York State law, Babbo relied on an "affirmed medical report" prepared by an orthopedist.

Although the Suffolk County Supreme Court granted Babbo's dismissal request, on appeal the Appellate Division, Second Department, reversed.

The doctor's report lacked "probative value" because it didn't compare Banguela's limitations to that which would comprise normal functioning.

Did Babbo bumble?

To download a copy of the Appellate Division's decision, please use this link: Banguela v. Babbo