Judge Denies the Defendant’s Motion for Summary Judgment in Motor Vehicle Action
Today, Judge Richard McNally denied the Defendant’s motion to dismiss our client’s complaint claiming that he did not suffer a “Serious Injury” in a 2018 motor vehicle rear end collision in Troy, New York. Under New York Law, a motorist may bring a claim for pain and suffering against a negligent driver if he has suffered a soft tissue injury that results in a significant limitation of use of their neck or back. Here, our client suffered a low back injury that resulted in pain radiating into hips and legs, which was confirmed by his MRI results and objective clinical tests. Judge McNally found that the Defendant failed to establish his right to summary judgment, and even if he had, our client tendered sufficient medical proof, including a detailed affirmation from his treating pain management physician, to raise an issue of fact regarding whether he sustained a Serious Injury.