Posted in on December 6, 2018
In an action pending in Rockland County, Caroline Hock obtained summary judgment for Lewis Johs’ clients, a bus company and its driver, on the issue of New York Insurance Law Section 5102(d). The plaintiff claimed that she sustained cervical and lumbar spinal injuries as a result of multi-vehicle collision. The court agreed with defendants’ position that plaintiff did not suffer a serious injury under Insurance Law Section 5102(d). More specifically, Caroline was able to demonstrate that plaintiff’s alleged injuries failed to satisfy that “90/180 day category,” which requires that plaintiff be impaired in “substantially all” her daily activities to recover under the law. The Court ultimately granted defendants’ motion and dismissed plaintiff’s complaint.