Judge Linda Jamieson of the Supreme Court, Westchester County, granted our motion for summary judgment on the ground that the plaintiff did not sustain a “serious injury” as a result of the subject accident. The plaintiff, in her 20s at the time of the accident, claimed injuries to her cervical, thoracic and lumbar spines, including herniated and bulging discs. Plaintiff had treated continuously since the July 2011 accident. Plaintiff claimed that she had to substantially reduce her work hours due to the accident, from 50-60 hours per week down to 15-20 hours per week, with a corresponding 55% diminution in her earnings; that she continued, 5 years after the accident, to take prescription pain medication and a muscle relaxant every day; and that she still needed assistance with a number of her activities of daily living.
We established that the plaintiff had sustained soft tissue injuries due to the accident, which had resolved without any residual sequellae, and that the restrictions on plaintiff’s activities were self-imposed. Plaintiff’s medical expert submitted an affidavit in opposition to our motion, in which he stated that plaintiff was permanently disabled due to the accident.
We were able to establish that the permanent disability claimed to plaintiff’s cervical, thoracic and lumbar spines was not significant or consequential, and that plaintiff’s claimed injuries did not meet any of the categories of “serious injury”, as defined in New York’s Insurance Law.
Richard S. Sklarin and Debora J. Dillon of MSSSV’s Westchester office worked on this matter.