Menjivar v. Capers

Summary

The Appellate Division, Second Department modified an order granting the defendants summary judgment in a motor-vehicle personal-injury action. It held that the defendants failed to establish prima facie that either plaintiff lacked a serious injury under Insurance Law § 5102(d) or that the injuries were unrelated to the accident, but affirmed the denial of Cruz Menjivar's cross-motion concerning the 90/180-day category.

Holdings

1. Defendants failed to meet their prima facie burden because they did not submit competent medical evidence establishing that either plaintiff lacked serious injuries under the permanent consequential limitation of use or significant limitation of use categories.
2. Defendants failed to establish prima facie that the plaintiffs' alleged injuries were not caused by the subject accident because their experts' opinions that the injuries were degenerative did not address plaintiffs' claims that the accident exacerbated preexisting injuries and degenerative conditions.
3. Menjivar was not entitled to summary judgment under the 90/180-day category because plaintiffs failed to eliminate all triable issues as to whether her injuries prevented her from performing substantially all of the material acts constituting her usual and customary daily activities for at least 90 of the first 180 days after the accident.

Questions Presented

1. Whether defendants established prima facie that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d).
2. Whether defendants established prima facie that the plaintiffs' alleged injuries were not caused by the subject accident, including claimed aggravation of preexisting injuries and degenerative conditions.
3. Whether Cruz Menjivar was entitled to summary judgment establishing a serious injury under the 90/180-day category of Insurance Law § 5102(d).

Disposition

other