Legal Opinion
Guerrero v. Bernstein
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2008PublishedCited by 4 opinions
1Opinion of the Court
The defendants failed to meet their prima facie burden of showing that the plaintiff Jose Guerrero (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In support of the defendants’ motion, they relied upon, inter alia, the medical reports of the injured plaintiffs treating physicians. Those reports revealed the existence of significant limitations of motion in the cervical and thoracic regions of the injured plaintiffs spinal column…
2Cases cited4 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Coscia v. 938 Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Mendola v. DemetresAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- June v. Sheikh Ali AkhtarAppellate Division of the Supreme Court of the State of New York · 2009
- Delayhaye v. Caledonia Limo & Car Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Abdalla v. Mazl Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Ortiz v. OrlovAppellate Division of the Supreme Court of the State of New York · 2010