Vetiaque v. Kistler Serv. Corp.

Summary

The Appellate Division, Second Department, reversed an order granting defendants summary judgment in a motor-vehicle personal-injury action. The court held that the plaintiff raised a triable issue of fact regarding serious injuries under Insurance Law § 5102(d), and that defendants failed to establish prima facie that the alleged injuries were not caused by the accident.

Holdings

1. Plaintiff raised a triable issue of fact as to whether he sustained serious injuries to his left shoulder, left hip, and the cervical and lumbar regions of his spine under the permanent consequential limitation of use and significant limitation of use categories of Insurance Law § 5102(d).
2. Defendants failed to establish prima facie that the alleged injuries were not caused by the accident; therefore, the burden did not shift to plaintiff to raise a triable issue concerning causation or explain any gap in treatment.

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's opposing evidence raised a triable issue of fact as to serious injuries involving the permanent consequential limitation of use and significant limitation of use categories.
3. Whether defendants established prima facie that the alleged injuries were not caused by the accident, thereby shifting the burden to plaintiff to address causation and any gap in treatment.

Disposition

reversed