Legal Opinion
Porter v. Bajana
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2011PublishedCited by 14 opinions
1Opinion of the Court
The reports of defendant’s expert neurologist and radiologist established prima facie that plaintiffs injuries were not permanent or significant because the injuries had resolved and plaintiff had full range of motion in her cervical and lumbar spine (see Insurance Law § 5102 [d]; Thompson v Ramnarine, 40 AD3d 360 [2007]). Moreover, the radiologist affirmed that plaintiff suffered from a preexisting degenerative condition and that the motor vehicle accident did not proximately cause her injuries. In opposition, plaintiff’s medical expert failed to address or rebut defendant’s evidence that…
2Cases cited4 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
- Becerril v. Sol Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Thompson v. RamnarineAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by14 opinions
- Mitrotti v. EliaAppellate Division of the Supreme Court of the State of New York · 2012
- Barry v. AriasAppellate Division of the Supreme Court of the State of New York · 2012
- Grant v. United Pavers Co.Appellate Division of the Supreme Court of the State of New York · 2012
- De La Cruz v. HernandezAppellate Division of the Supreme Court of the State of New York · 2011
- Rampersaud v. EljamaliAppellate Division of the Supreme Court of the State of New York · 2012
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