Justice Wooten
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=118734
PLAINTIFF sought to recover damages for alleged personal injuries suffered as a result of the subject motor vehicle accident with defendants, who now moved for summary judgment dismissing the complaint on the threshold issue of “serious injury.” The court stated positive MRI results may constitute a serious injury within the meaning of Insurance Law §5102(d). It also noted a CT scan or MRI may constitute objective evidence to support subjective complaints. The court further noted defendants may rely on either the sworn or affirmed statements of their examining physician, plaintiff’s deposition testimony and plaintiff’s unsworn physician’s records. It noted an affirmed physician’s report demonstrating plaintiff was not suffering from any disability or consequential injury resulting from the accident was sufficient to satisfy a defendant’s burden of proof. The court found defendant submitted evidence in legally admissible form to meet its prima facie burden, entitling it to summary judgment and a finding that plaintiff has not sustained a “serious injury” within the meaning of §5102(d).
