A strong result reflecting effective advocacy by David Tetla. following an uninsured motorist arbitration before the American Arbitration Association. The matter involved a $100,000 policy arising from an August 3, 2022 motor vehicle accident in Brooklyn.
The claimant alleged a wide range of injuries, most notably a traumatic brain injury with complaints of headaches, migraines, dizziness, imbalance, and seizure-like episodes requiring magnesium infusions, along with additional claims involving the cervical and lumbar spine, wrist, knee, and foot. Despite extensive medical submissions, including MRI imaging and neurological treatment, the defense challenged both causation and whether the alleged conditions satisfied the serious injury threshold.
At the hearing, the defense submitted extensive documentary evidence, including sworn testimony and medical records, as well as video evidence depicting the claimant engaging in vigorous physical activity, including weightlifting, undermining the claimed limitations.
In a detailed decision, the arbitrator found that the claimant failed to establish a serious injury under Insurance Law § 5102(d) under any applicable category. While acknowledging evidence of injury, including findings consistent with traumatic brain injury, the arbitrator concluded that the proof did not demonstrate the required degree, duration, or functional limitation necessary to meet the statutory threshold. The arbitrator further noted the limited duration of treatment, the claimant’s ability to return to work and complete nursing school, and the absence of evidence supporting permanent or consequential limitations. The claim was denied in its entirety.
This was a strong defense result, reflecting Dave’s effective use of medical evidence and objective proof to defeat broad injury claims.
