Taylor v. Jerusalem Air, Inc.

There are triable issues of fact which preclude the granting of summary judgment.

In opposition to the defendants’ motion for summary judgment, the plaintiff submitted the affirmation of an orthopedic surgeon quantifying loss of range of motion, and diagnosing him as suffering from carpal tunnel syndrome, impingement syndrome, and torn rotator cuff, based upon objective criteria including “positive tinnel sign.” The doctor affirmed that those injuries were permanent. An expert’s observations, supported by objective tests quantifying the results of a physical examination, are generally…