Schmitt v. Reeves

The Supreme Court, Suffolk *296County, granted summary judgment, based upon findings that “there was no mechanism in the plaintiffs vehicle for forward movement to produce trauma to the knee,” and no evidence of significant disfigurement or other permanent injury.

However, with respect to causation and the nature of the plaintiffs injury, the defendant’s own physician, in a report submitted in support of the defendant’s motion for summary judgment, noted that “[t]he claimant had synovitis of the right knee for which she underwent surgery four months after the accident.” He candidly acknowledged…