Ketz v. Harder

Appeal from an order of the Supreme Court (Sheridan, J.), entered March 10, 2004 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

A vehicle operated by plaintiff was stopped at a traffic light when it was struck in the rear by defendant’s vehicle. Although plaintiff declined medical assistance at the scene, he sought treatment later that day. An X ray of his neck was negative and he was diagnosed with acute cervical strain. He subsequently sought medical treatment from a general practitioner who prescribed physical therapy and referred plaintiff…