THE PLAINTIFF’S INJURIES WEREN'T “SERIOUS”
After a car accident, E.B. filed a personal injury case against the defendants in Suffolk County Supreme Court seeking to recover damages.
But when the defendants moved for pre-trial dismissal in their favor -- claiming that E.B. hadn’t suffered a “serious injury,” as defined by the state’s Insurance Law -- the judge granted that request.
On appeal, the Appellate Division, Second Department, noted that the defendants had presented “competent medical evidence” which demonstrated that E.B.’s purported injuries, to his left shoulder and the cervical and lumbar areas of his spine, were “degenerative” in nature, and unrelated to the accident.
Because E.B. was unable to rebut that showing, or to otherwise raise a “triable issue of fact,” the AD2 affirmed the litigation’s dismissal.
Was E.B. not serious about this case, or what?
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DECISION