Articles Posted in Cervical Spinal Injury

Peart v. Carreras, originating from a motor vehicle collision, focused on the complexities of proving the severity and causation of injuries.  As with any personal injury case, the plaintiff must show that the injury suffered was serious. A serious injury within the meaning of Insurance Law § 5102(d) refers to an injury meeting statutory criteria, such as permanent loss or significant limitation of bodily functions, permanent consequential limitation of use of a body organ or member, significant disfigurement, or a medically determined injury or impairment of a non-permanent nature.

Background Facts

The lawsuit stemmed from an incident in which the plaintiff claimed to have sustained severe injuries to multiple areas of his body, including the cervical spine, lumbar spine, thoracic spine, left shoulder, and other limbs, following a motor vehicle accident. Central to the defendants’ defense was the presentation of medical reports and expert testimony. Their orthopedic surgery expert’s evaluation indicated normal ranges of motion in the plaintiff’s claimed injury sites, with no signs of tenderness or other abnormalities. Additionally, analysis of the plaintiff’s MRIs suggested no acute injuries to the spinal areas or left shoulder, instead identifying degenerative conditions unrelated to the accident’s impact. Moreover, a biomechanical engineering expert suggested that the low impact of the collision was insufficient to cause the injuries alleged by the plaintiff.

When it comes to recovering damages in a personal injury lawsuit, the plaintiff must be able to prove that they suffered serious injuries. In the case of Martinez v. Hillard, the plaintiff filed a lawsuit to recover damages for injuries she allegedly sustained in a motor vehicle accident. The defendants moved for summary judgment to dismiss the complaint, arguing that the plaintiff failed to meet the “serious injury” threshold defined by New York Insurance Law §5102(d).

Background Facts

Manuela Martinez, the plaintiff, was involved in a car accident on July 12, 2019, while traveling on City Island Road near Park Drive in Bronx, New York. She was driving a vehicle that was rear-ended by a bus operated by John A. Santana and owned by Lorinda Enterprises. Martinez claimed she sustained significant injuries to her right shoulder, cervical spine, and lumbar spine due to the accident.

In the case of Diarra v. City Bronx Leasing Two Inc., the plaintiff, Ibrahima Diarra, alleged injuries from a motor vehicle accident. The defendants moved for summary judgment to dismiss Diarra’s complaint, arguing that she failed to meet the “serious injury” threshold as defined by New York Insurance Law §5102(d). The plaintiff cross-moved for partial summary judgment on the issue of liability against the defendants.

Background Facts

Ibrahima Diarra was involved in a motor vehicle accident on August 18, 2018, while traveling southbound on Bronx River Avenue and East 174th Street in Bronx, New York. Diarra’s vehicle was struck from the rear by a vehicle operated by Nelson M. Sanchez. At the time of the accident, Diarra had an automobile insurance policy with Liberty Mutual Insurance Company, which included coverage for bodily injury and Supplementary Uninsured Motorist (SUM) benefits.