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Articles Posted in spinal trauna

Published on: June 30, 2024

Plaintiffs claimed serious spinal injuries from motor vehicle accident. Morales v. Calcano, 2020 N.Y. Slip Op. 34615 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

A common issue when it comes to personal injury cases is whether the injury suffered was a “serious injury.” In Morales v. Calcano, 2020 N.Y. Slip Op. 34615 (N.Y. Sup. Ct. 2020), a motor vehicle accident case, the defendants moved for summary judgment, arguing that the plaintiffs did not suffer a “serious injury” as defined by New York Insurance Law § 5102(d).

Background Facts

On April 1, 2016, plaintiffs were involved in a motor vehicle accident. The accident led to injuries for both plaintiffs, who then commenced a personal injury action to recover damages. The defendants, in turn, filed motions for summary judgment, asserting that neither plaintiff sustained a “serious injury” under the law.

Published on: June 30, 2024

Plaintiff suffered a spinal injury from a dislodged parking sign. Honer v. McComb, 6 N.Y.S.3d 849 (N.Y. App. Div. 2015)

by Stephen Bilkis

In Honer v. McComb, 6 N.Y.S.3d 849 (N.Y. App. Div. 2015), the County of Monroe appealed a decision denying their motion for summary judgment, which sought to dismiss the complaint against them. The incident involved a parking sign that became dislodged and struck the plaintiff, resulting in a catastrophic spinal injury.

Background Facts

On May 3, 2006, a vehicle driven by John Doe and owned by Kelly McComb struck a parking sign on a sidewalk. The sign, after being hit, detached from its base and flew through the air, hitting the plaintiff, who was standing nearby. This caused the plaintiff to sustain severe spinal injuries.