New York Serious Injury Threshold: Plaintiff Raises Triable Issue Of Fact

In a recent New York Personal Injury case involving an party injured in a car accident, the Second Department of the New York State Appellate Division reversed a Nassau County Trial Court’s determination that plaintiff had not raised a triable issue of fact with resepct to the serious injury threshold.

The Second Department found that the affidavit of plaintiff’s treating chiropractor sufficiently raised a triable issue of fact as to whether she sustained a causally related serious injury to her cervical and lumbar spine. The treating chiropractor, Dr. Duk Soon Park, opined that based upon his contemporaneous and most recent examinations of the plaintiff, her cervical and lumbar injuries were permanent and causally related to the motor vehicle accident.

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Kwak v. Villamar, 71 AD3d 762 (2d Dept. 2010)

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