SEARCH

Ferguson v. DeSouza

Negligence Suit Over Collision Dismissed, 'Serious Injury' Under No-Fault Law Not Shown

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION AND ORDER Plaintiff Anthony Ferguson commenced this action against Defendants Christian DeSouza and Wild Eagle Trans LLC, alleging that Defendants’ negligence resulted in a collision of the parties’ motor vehicles and caused Plaintiff serious physical injury. (Complaint (“Compl.”), ECF No. 1-1.) Defendants move for summary judgment pursuant to Federal Rule of Civil Procedure 56, seeking dismissal of Plaintiff’s claim on the grounds that the collision was caused solely by the negligence of Plaintiff, or, in the alternative, because Plaintiff has not sustained a “serious injury” as required by New York State Insurance Law §5102(d). (ECF No. 36.) Because Plaintiff has failed to show that he suffered a “serious injury” within the meaning of Section 5102(d), Defendants’ motion for summary judgment is GRANTED.¹ I. FACTUAL BACKGROUND² This case concerns a motor vehicle incident that occurred on April 25, 2018 on the southbound Cross Bronx Expressway in Bronx, New York. (Defs.’ Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1 in Supp. of Defs’ Mot. for Summ. J. (“Defs.’ SUMF”), ECF No. 40 1.) The accident occurred as Plaintiff merged from the Sheridan Expressway onto the Cross Bronx Expressway into the lane of travel occupied by Defendants. (Id.

4-5, 9.) Upon Plaintiff’s merger, the rear of Plaintiff’s van collided with Defendants’ trailer’s right-front fender and right-front wheel. (Pl.’s Local Civil Rule 56.1 Counterstatement (“Pl.’s Counterstatement”), ECF No. 48-3 6.) At contact, Plaintiff’s vehicle shifted about two feet. (Id. 10.) The day after the accident, Plaintiff sought medical attention at Bronx Lebanon Hospital, complaining of pain in his right knee, right wrist, right shoulder, back, and neck. (ECF No. 39-9, at 1.) The parties present conflicting evidence as to both the cause and extent of Plaintiff’s injuries. (Compare Defs.’ SUMF

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Middle East Legal Awards 2024

April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.

Learn More

BenefitsPRO Broker Expo 2024

April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.

Learn More

Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...

Apply Now ›

Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...

Apply Now ›

Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...

Apply Now ›

MELICK & PORTER, LLP

04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS

View Announcement ›

Apruzzese, McDermott, Mastro & Murphy, P.C.

04/11/2024
New Jersey Law Journal

Professional Announcement

View Announcement ›

Robbins Alloy Belinfante Littlefield

04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days

View Announcement ›