This is an action for personal injury in which a Bronx man alleges that he sustained an injury as a result of a motor vehicle accident. A vehicle owned by a cab cormpany struck the man’s vehicle in the rear. The man claims that as a result of the accident he sustained spine injury, back pain, muscle spasms in lumbar spine and radiculopathy. The opponent however requests to dismiss the case agasint them on the ground that the man failed to meet the serious injury threshold.
In support of their motion, the opponents submitted the affirmed medical report of a radiologist who reviewed the MRI of the man’s thoracic spine. The opponent also submitted the affirmed medical report of a board certified neurologist and the man’s deposition testimony.
The Westchester radiologist found a scoliosis and diffuse degenerative changes of the thoracic intervertebral discs of the man and concluded that the small posterior disc protrusions present are of uncertain age and etiology and may be degenerative in nature.
The neurologist, who conducted a physical examination of the man, used a hand held goniometer to measure the man’s ranges of motion and found a normal range of motion in all spheres. In her diagnosis, the neurologist determined normal neurological evaluation, no focal deficits and a neurologically intact. Aside from her quantification assessment, the neurologist also made a qualitative assessment, finding that the man was able to get on and off the bed and turn to his sides unassisted. He can boot, unboot, dress and undress without assistance. He can also move his head, neck and body freely during unguarded conversation. She further found no neurological disability and he has no restrictions on activities of daily living and no permanency or residuals.
The opponents also pointed the man’s deposition testimony in which he testified that he is self-employed as an owner of a security guard company and is required to supervise his staff and to travel to three different locations during the day. He further testified that he stayed home three or four days after the accident and probably missed three weeks from work. He further testified that the only physical or athletic activity that he engaged in before the accident was weight training which he continues to engage in to a lesser degree.
The man initially seeks to discredit the opponents’ experts. He argues that the neuroligist fails to review any of his medical records and the neurologist reliance solely on her onetime physical examination undercut her conclusion that the man did not sustain a serious injury. He also argues that the radiologist’s conclusion after reviewing the MRI film that the small posterior disc protrusions were the result of degenerative changes not trauma is irrelevant and therefore the opponents failed to demonstrate that the disc bulges, herniated discs, limitation of flexion, extension and rotation of the man’s thoracic spine as found by their own examining physicians did not demonstrate a serious damage.
The opponent however failed to meet the burden of showing that the man did not sustain a serious injury as a result of the accident. The papers submitted by the opponent in support of the motion included the affirmed medical report of his examining orthopedist which showed the existence of limitations in the range of motion of the injured the man’s cervical spine. The bare conclusory opinion of the opponent’s orthopedist is that the decreased range of motion is due to degenerative changes that are pre-existing and was without probative value.
Consequently, the court granted the motion of the opponents to dismiss the case filed against them and further dismissed the complaint.
There are instances in our life that we mistakenly allege someone of something. If you need help with your injury related damages disputes, you can hire the Queens County Personal Injury Attorney or the Queens County Injury Lawyer. You can also avail of the legal services of the Queens Spine Injury Attorneys at Stephen Bilkis and Associates.