Jackson v. Leung
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant Leung failed to meet his prima facie burden of showing that plaintiff did not suffer a serious injury to his lumbar spine since his sole medical expert, a neurologist, did not report the results of any range of motion testing, review the MRI film of plaintiffs spine, or offer any alternative opinion as to causation (see Perl v Meher, 18 NY3d 208 [2011]; Toure v Avis Rent A Car Sys., 98 NY2d 345, 350, 353 [2002]; McCree v Sam Trans Corp., 82 AD3d 601 [1st Dept 2011]). Moreover, defendant’s neurologist acknowledged a 50% deficit in straight leg raising, which provides objective…
2Cases cited11 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Pommells v. PerezNew York Court of Appeals · 2005
- Perl v. MeherNew York Court of Appeals · 2011
- Brown v. AchyAppellate Division of the Supreme Court of the State of New York · 2004
- Feaster v. BoulabatAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by9 opinions
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- Johnson v. SalajAppellate Division of the Supreme Court of the State of New York · 2015
- Collazo v. AndersonAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.