Paduani v. Rodriguez

Plaintiff was a passenger in a car owned by defendant Razia Avila and driven by defendant Kaystel Avila, when the car collided with a vehicle driven by defendant Rodriguez. Plaintiff alleged that as a result of the accident, she sustained serious injuries to her cervical spine, lumbar spine, and right shoulder under the “significant limitation of use,” “permanent consequential limitation of use,” and 90/180-day categories of Insurance Law § 5102 (d).

Defendants established their entitlement to judgment as a matter of law as to plaintiffs injury to her cervical spine by submitting their…