Kristen M. Benson, Esq., Successful in Binding Arbitration in Motor Vehicle Case

Kristen M. Benson, Esq. defended a motor vehicle accident action through binding arbitration in Onondaga County.  The motor vehicle accident took place at a T-intersection where the defendant made a left-hand turn in front of plaintiff, causing the two vehicles to collide.  As a result of this accident, plaintiff raised serious injury claims as defined by New York State Insurance Law Sect. 5102(d).  Plaintiff alleged that she sustained causally related injuries resulting in a significant limitation of use of her bilateral knees, cervical spine and lumbar spine.  Plaintiff also claimed that, pursuant to New York State Insurance Law Sect. 5102(d), she suffered a medically determined injury that prevented her from performing substantially all of her daily activities for 90 out of the first 180 days immediately following the accident.  At the arbitration, on cross-examination, plaintiff admitted to a number of inconsistences concerning her pre-existing medical conditions involving her knees, lumbar spine and cervical spine.  Ultimately, through cross-examination and a closing arbitration submission, Kristen was able to establish that plaintiff failed to meet the serious injury threshold as required by New York State Insurance Law and, therefore, the arbitrator rendered a no-cause verdict on behalf of defendant.

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