Kemegue v. Rosario-Ramirez

Summary

The Appellate Division, First Department, unanimously affirmed an order granting defendants summary judgment dismissing the plaintiff's personal injury complaint. The court held that defendants established that plaintiff did not sustain a serious injury under Insurance Law § 5102(d), and that plaintiff failed to raise a triable issue of fact regarding the alleged injuries, preexisting conditions, and prior motor vehicle accidents.

Holdings

1. Defendants established prima facie entitlement to summary judgment by submitting competent medical evidence showing normal spinal ranges of motion, no objective abnormalities, and degenerative changes unrelated to the accident.
2. Plaintiff failed to raise a triable issue of fact because her treating chiropractor did not address evidence of preexisting spinal injuries or her prior motor-vehicle accidents.

Questions Presented

1. Whether defendants established prima facie entitlement to summary judgment by demonstrating that plaintiff did not sustain a serious injury under Insurance Law § 5102(d).
2. Whether plaintiff raised a triable issue of fact in opposition to defendants' summary-judgment motion.

Disposition

affirmed