Court Finds that the Defendant Failed to Establish that Our Client Was Not Seriously Injured in Collision

Albany County Supreme Court Justice denied the defendant’s motorist’s motion for summary judgment based on a claim that our client did not suffer qualifying injuries under New York’s No-Fault Law. Our client suffered soft tissue injuries to her neck and lower back, incurred approximately $57,000 in medical expenses. While the Court held that the Defendant met its burden of proof, our client established with objective medical proof (including several Independent Medical Reports and an affidavit from her treating chiropractor) that she suffered objectively determined injuries to her cervical and lumbar spine. According to this extensive proof, the Court noted that our client suffered significant deficits in her cervical and lumbar range of motion and her injuries prevented her from performing her usual and customary activities for more than three months following the collision.