Garbutt v. United Parcel Serv.

Summary

The Appellate Division, Second Department, reversed an order granting the defendants summary judgment in a personal-injury action arising from an automobile accident. The court held that the defendants failed to establish prima facie that Sakhiya Garbutt did not sustain a serious injury, and although they met that burden as to Vince Garbutt, the plaintiffs raised triable issues of fact regarding his alleged spinal injuries.

Holdings

1. Defendants failed to establish prima facie that Sakhiya Garbutt did not sustain a serious injury under the permanent consequential limitation of use, significant limitation of use, or 90/180-day categories of Insurance Law § 5102(d).
2. Although defendants established prima facie that Vince Garbutt did not sustain serious injuries to his cervical and lumbar spine, plaintiffs raised triable issues of fact, precluding summary judgment.

Questions Presented

1. Whether defendants established prima facie that Sakhiya Garbutt did not sustain a serious injury under the permanent consequential limitation of use, significant limitation of use, or 90/180-day categories of Insurance Law § 5102(d).
2. Whether plaintiffs raised a triable issue of fact concerning whether Vince Garbutt sustained serious injuries to his cervical and lumbar spine after defendants established a prima facie entitlement to summary judgment.

Disposition

reversed