Zanni v. Knutson

Summary

The Appellate Division, Second Department, reversed an order granting the defendants summary judgment in a personal-injury action arising from a motor vehicle accident. The court held that the plaintiff raised a triable issue of fact regarding serious injuries under Insurance Law § 5102(d), and that the defendants' expert's causation concession eliminated the need for the plaintiff to address causation or a gap in treatment.

Holdings

1. Although the defendants met their prima facie burden of establishing that the plaintiff did not sustain a serious injury under the permanent consequential limitation of use and significant limitation of use categories of Insurance Law § 5102(d), the plaintiff raised a triable issue of fact in opposition. Summary judgment dismissing the complaint was therefore improper.
2. Because the defendants' expert conceded that the alleged cervical and lumbar injuries were caused by the accident, the burden did not shift to the plaintiff to raise a triable issue regarding causation or explain any gap in treatment.

Questions Presented

1. Whether the defendants were entitled to summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
2. Whether the plaintiff raised a triable issue of fact regarding serious injury and whether the defendants' concession regarding causation eliminated any need for the plaintiff to establish causation or explain a gap in treatment.

Disposition

reversed