Michelle M. Davoli, Esq., Secures Summary Judgment Based Upon Lack of Serious Injury

Michelle M. Davoli, Esq., secured summary judgment in a motor vehicle case in which the defendants conceded negligence and defended the claim based upon lack of serious injury.  Plaintiff alleged cervical spine injury, carpal tunnel, traumatic brain injury (TBI) and knee injury. In support of the motion, defendant submitted the expert affidavits of Dr. Carr and Dr. Knapp along with all of plaintiff’s medical records to meet the burden that she did not sustain a serious injury. In opposition plaintiff relied upon the expert affidavit of Dr. Mednick, as well as, plaintiff’s own affidavit.  After entertaining oral argument, Justice DeJoseph (Supreme Court, Onondaga County) ruled the plaintiff did not raise a question of fact because there was no medical proof of limitations sufficient to meet the 90/180 category – plaintiff relied upon only her own self-serving statements in support of the 90/180 day claim.  With respect to permanent consequential and significant limitation categories nothing in the medical records or in plaintiff’s own expert opinion amounted to more than a slight impairment, and plaintiff’s expert failed to “educate the court” on any of the tests he used to reach his speculative opinion.  The case was dismissed because of lack of serious injury.