Congratulations to Gerard Ferrara for securing an affirmance of summary judgment before the Appellate Division, First Department. The case was heard before a panel including Hon. Dianne T. Renwick, Hon. Cynthia S. Kern, Hon. Anil C. Singh, Hon. Peter H. Moulton, and Hon. John R. Higgitt. This decision reinforces the strict evidentiary standards for proving a serious injury under New York Insurance Law § 5102(d).
The plaintiff alleged cervical spine injuries, including whiplash-type trauma and the need for spinal surgery, following a 2016 motor vehicle accident. The defense established prima facie that the plaintiff’s injuries were degenerative and unrelated to the accident. A radiologist’s expert opinion confirmed that the plaintiff’s MRI findings, including osteophyte disc complexes and spondylosis, predated the crash and showed no acute traumatic injury. The defendants’ neurologist further noted that the plaintiff’s own treating orthopedist found normal or near-normal range of motion in the months following the accident, undermining any claim of permanent or significant limitation.
While the plaintiff’s expert attempted to support the claim, his examination took place six years after the accident, and he failed to reconcile his findings with earlier medical records showing no functional impairment. The court held that this late examination was too remote in time to establish causation. The court also rejected the plaintiff’s 90/180-day claim, noting that he returned to work just two weeks after the collision and failed to submit admissible evidence of substantial impairment to daily activities.
This ruling ensured that an unfounded claim did not survive to trial. Congratulations to Gerard for another outstanding appellate victory.
