Yong Qin Luo v. Mikel

Plaintiff Yong Qin Luo appeals from the May 13, 2009 order and opinion of the United States District Court for the Eastern District of New York (Ross, /.) granting defendant’s motion for summary judgment and dismissing her complaint alleging serious injury sustained during an automobile accident within the meaning of New York Insurance Law § 5102(d). The district court held that plaintiff failed to rebut defendants’ prima facie case of serious injury, and granted defendants’ motion for summary judgment without reaching the issue of liability. On appeal, plaintiff argues that her willingness…