Justice Paul Goetz

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Defendants moved for summary judgment arguing Mombo failed to establish the injuries sustained resulting from a car accident were serious under Insurance Law §5102(d). Mombo cross-moved for summary judgment alleging he sustained injuries to his brain, cervical and lumbar spine, left shoulder, and teeth. Defendants’ medical experts opined the range of motion findings of the lumbar spine were within normal range and there were no findings consistent with a residual nervous system condition. Yet, defendants’ trauma expert concluded emergency medical records supported a finding Mombo suffered acute traumatic injuries as a result of the subject accident. Mombo’s treating physician found his cervical and lumbar injuries were post-traumatic in nature and caused or exacerbated by the subject accident, concluding his limitations were permanent and prevented him from substantially engaging in his normal daily activities for the first 90 out of 180 days after the accident, as a result of such injuries. The court ruled as there was conflicting medical evidence on issues of whether Mombo’s injuries to his cervical and lumbar spines and teeth were causally related to the accident and if they were permanent, were jury questions, precluding summary judgment.