Legal Opinion
Hammett v. Diaz-Frias
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 5 opinions
1Opinion of the Court
The experts for both sides referred in their affirmations to plaintiff’s MRI reports that were before the court (see Thompson v Abbasi, 15 AD3d 95 [2005]; Brown v Achy, 9 AD3d 30 [2004]; Gonzalez v Vasquez, 301 AD2d 438 [2003]), which established the existence of disc bulges and herniations (Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]).
The affirmed report of Dr. Howell, who first examined plaintiff four days after the incident, connected plaintiff’s injuries to the incident and raised a triable issue of fact as to whether they constituted a “serious injury” as defined by Insurance Law §…
2Cases cited7 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Thompson v. AbbasiAppellate Division of the Supreme Court of the State of New York · 2005
- Brown v. AchyAppellate Division of the Supreme Court of the State of New York · 2004
- Wertheimer v. New York Property Insurance UnderwritingAppellate Division of the Supreme Court of the State of New York · 1981
- Gonzalez v. VasquezAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clemmer v. Drah Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Henry v. PegueroAppellate Division of the Supreme Court of the State of New York · 2010
- Djeddah v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2011
- Norfleet v. Deme Enterprise, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Garcia v. LeonAppellate Division of the Supreme Court of the State of New York · 2010