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Caroline Hock Obtains Summary Judgment in Motor Vehicle Case

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.

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