Carter v. Patterson

Summary

The Appellate Division, Fourth Department modified an amended order in a motor-vehicle negligence action involving alleged serious injuries under New York Insurance Law § 5102(d). The court held that factual issues remained regarding causation and the significant-limitation and 90/180-day serious-injury categories, but granted plaintiff partial summary judgment establishing defendant's negligence and proximate cause.

Holdings

1. Defendant was not entitled to summary judgment because his submissions raised triable issues concerning causation, and plaintiff submitted conflicting medical evidence sufficient to raise a triable issue concerning whether the accident caused his alleged injuries.
2. Plaintiff was not entitled to summary judgment on the significant-limitation-of-use and 90/180-day categories because defendant's expert evidence raised triable issues of fact.
3. Plaintiff was entitled to partial summary judgment establishing that defendant was negligent and that defendant's negligence was a proximate cause of the accident.

Questions Presented

1. Whether defendant was entitled to summary judgment on the ground that plaintiff did not sustain a serious injury causally related to the accident.
2. Whether plaintiff was entitled to partial summary judgment on the significant-limitation-of-use and 90/180-day categories of serious injury.
3. Whether plaintiff was entitled to partial summary judgment establishing that defendant was negligent and that his negligence was a proximate cause of the accident.

Disposition

other