Washburn v. Vance

Appeal from an order of the Supreme Court (Brown, J.), entered July 28, 1988 in Saratoga County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff brought this action to recover for personal injuries sustained in an October 1, 1984 automobile accident, described in his bill of particulars as "chronic traumatic cervical and lumbar strain”. Plaintiff claims to have suffered "a permanent loss of use of a body function or system” and "a significant limitation of use of a body function or system”. Defendant moved for summary judgment dismissing…