Jackson v. Leung

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…