DEFENSE LOSES NO-FAULT SERIOUS INJURY THRESHOLD SUMMARY JUDGMENT MOTION WHERE ITS EXAMINING DOCTOR DIDN'T MEASURE ACCIDENT VICTIM'S

Court: Supreme Court, Appellate Division, Second Department, New York

Case: Bobbie O. Sparks v. Jon S. Detterline

Date: July 19, 2011.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens and the Bronx; Queens accident injury lawyer)

Comment: Tired am I of writing about car accident cases where the I injured accident victims are forced to defend against summary judgment motions trying to throw out their case, based on the plaintiff's alleged failure to breach New York State's No-Fault "serious injury" threshold. There is way, way too much litigation on this issue. Way too many reported cases. And way too many lawyers and judges, even, that don't "get it."

And if you're a defense law firm trying to force an accident victim out of court, if you decide to make this motion - which, unfortunately seems to have become almost routine or automatic - at least platy the game right so you maybe deserve to win your case.

The appellate case printed below and which is the subject of this blog and my today's rant is a classic example of a defendant making a summary judgment motion based on the No-Fault serious injury threshold and not knowing what the heck s/he (the defense lawyer) was doing. Maybe this rather routine assignment was passed off to a lowly inexperienced lawyer associate. Maybe no ono cared if they wasted the Court's time and th time of the plaintiff's attorney. Whatever the reason, defense did not bring its "A" game and wasted time and money and got its butt kicked on this appeal.

Worst yet, the defense won below, so there sits a lower court Supreme Court judge who also got it wrong.

And so it goes.

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