August 31, 2011

Firemen injured


Four members of the Elmont Fire Department drill competition racing team were injured, one seriously, when they fell off a racing truck during a practice session Tuesday night in North Woodmere, police and fire officials said.
Three of the injured firefighters were taken to Jamaica Hospital Medical Center, the other to North Shore University Hospital in Manhasset.
Three of the firefighters are in stable condition Wednesday. One of the firefighters, who suffered head trauma, remained in serious condition in Jamaica.

August 12, 2011

Personal injury-threshold decision

In order to have a successful automobile personal injury case in New York, a person's injuries must meet a minimal threshold. If the injuries don't meet the threshold, or a person stops treating, defendants will often ask the Court to dismiss the case in a "summary judgment motion." However, as recently pointed out by the Appellate Division, the Court will not automatically dismiss these cases. In the recent case, the Court found that the plaintiff "established the existence of a triable issue of fact constituting a meritorious opposition to" Thornton's motion (Political Mktg., Int'l., Inc. v Jaliman, 67 AD3d at 662; see CPLR 5015[a][1]). The plaintiff provided competent medical evidence establishing that the alleged injuries to the lumbar region of her spine constituted a serious injury under the permanent consequential limitation of use and/or significant limitation of use categories of Insurance Law § 5102(d) (see Dixon v Fuller, 79 AD3d 1094, 1094-1095). She also provided a reasonable explanation for a cessation of medical treatment (see Pommells v Perez, 4 NY3d 566, 574; Abdelaziz v Fazel, 78 AD3d 1086).