Justice Robert Bruno
Defendants moved for leave to renew and reargue their motion for summary judgment. Plaintiffs cross-moved for summary judgment on the issue of "serious injury." The court denied defendants’ motion to reargue noting it did not overlook or misapprehend facts or law. Yet, it granted reargument, and upon same denied defendants’ application for summary judgment under Insurance Law §5102(d). Defendants argued the scarring caused by plaintiff’s pre-term labor was not a serious injury. Plaintiff was injured in a car accident allegedly caused by defendants, and alleged fetal complications as a result of the accident. She contended as a result of the complications, she had an emergency caesarean section, and missed five months of work thereafter. Plaintiff asserted she sustained serious injuries under §5102(d), including "loss of fetus," arguing the premature, live birth of her son represented a serious injury. The court noted "loss of fetus" was added as a serious injury to the no-fault law clarifying the statute that declared that women involved in a car accident resulting in termination of her pregnancy suffered a serious injury, and should have the right to recover from a negligent operator for her non-economic loss. Thus, plaintiff’s motion was granted.
