After Chong Sim Kim suffered physical and emotional injuries in a car accident, she sued Carlos Amaya and Chrysler Financial.
While her case was premised upon a "serious injury," Chrysler presented MRI films and X-rays which showed Kim had suffered no "meaningful" spinal limitations other than a "degenerative" condition.
When the New York County Supreme Court granted Chrysler's request to dismiss the case, Kim appealed to the Appellate Division, First Department.
The AD1 agreed the evidence reinforced Kim's condition wasn't the result of the car accident. It also dismissed Kim's "emotional distress claim," because "the allegations upon which the claim was based were not sufficiently outrageous to support the cause of action."
Need we tell you who was outraged by that?
To download a copy of the Appellate Division's decision, please use this link: Chong Sim Kim v. Amaya