Amy S. Pincus obtained summary judgment and dismissal of plaintiff’s claim against our client in a personal injury case pending in Nassau County Supreme Court.
In this case, plaintiff claimed defendant negligently operated his motor vehicle, colliding with plaintiff and causing her serious and permanent injuries. Plaintiff alleged that her foot was crushed in the door of her own vehicle. In addition, she claimed injury to her head, limbs and nervous system. Defendant argued that the plaintiff had not demonstrated that she sustained serious injury as a result of the within action. Plaintiff offered the sworn testimony of her medical expert in an effort to the defeat the motion. The Court, in granting our motion, found Plaintiff’s expert opinion to be insufficient to create a material question of fact.
Defendants were able to show that plaintiff did not sustain a serious injury within the meaning of the Insurance Law.