The complainant also submits the affidavit of a chiropractor. The chiropractor conducted a computerized spinal range of motion exam and a computerized muscle strength test. The results of the tests indicated deviations from normal. The chiropractor states that in his opinion the complainant sustained spinal injuries and limitations to cervical…
This action arises from a motor vehicle accident occurred at approximately 5:30 p.m. The complainant asserts that the accident happened when his vehicle, moving slowly in stop, was struck in the rear by the opponent’s vehicle. The complainant claimed that the opponent admitted at his testimony that he did not…
Well established is the rule that a jury may reject any testimony, including testimony of experts, even if not contradicted. Here, the Standard Jury Instruction which was appropriately read to the jury provides that the jury may accept expert witness opinion testimony, reject it, or give it the weight it…
The Facts of the Case: Sometime in October 2007, an automobile accident occurred involving A and B, A being the injured victim. As a result of the accident, A suffered from a spinal injury. Consequently, A had to undergo a cervical spinal fusion surgery in September 2009. Thereafter, A filed…
In support of his motion, the man have submitted an attorney’s affirmation; copies of the pleadings and the woman’s bill of particulars; an uncertified copy of the police car accident report; an unsigned copy of the transcript of the woman’s examination before trial; and the sworn report of an orthopedic…
This is a personal injury action allegedly sustained by a woman when she was involved in a motor vehicle accident in New York. A man was the operator of the vehicle when it came into contact with the vehicle operated by the woman. The woman claims in her bill of…
The Ruling of the Court: On the Standard of Review: As the rules provide, the standard of review of an ALJ’s interpretation of the NICA statutory scheme is de novo. The ALJ’s determination with regard to the qualification of the claim for compensability purposes under the statute is conclusive and…
The Facts of the Case: On 26 September 2001, an automobile accident occurred involving a woman who was pregnant. As a result of the injuries sustained, the mother was transported to a nearby hospital where fetal testing was performed. She was then transported to another hospital via helicopter. That same…
This action arises from a motor vehicle accident that occurred on April 20, 2008. The complainant man’s vehicle was impacted from the rear by the accused man’s vehicle, while both vehicles were moving in the same lane of travel. The accused man’s vehicle was operated by his son at the…
This is an action to recover damages for personal injuries allegedly sustained by plaintiff in a motor vehicle accident on January 19, 2008 within a private parking lot on route 107, near its intersection with Lewis Street, in the town of Oyster Bay, Nassau County, New York. A said that,…