O'Shea v. Johnson

The plaintiff Thomas J. O’Shea was operating a motor vehicle in which his wife, the plaintiff Edith M. O’Shea, was a passenger, when the vehicle was struck from behind by a motor vehicle operated by the defendant. After the plaintiffs commenced this action, the defendant moved for summary judgment dismissing the complaint on the ground that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

The affirmed medical report prepared by Dr. Loren E. Rosenthal, a neurologist, which the defendant submitted in support…