MOTOR VEHICLE ACCIDENTS
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Another major portion of our defense work involves actions involving vehicle accidents. We have been extremely successful in dismissing cases on the grounds that the plaintiff has not sustained "serious injury" under New York's Insurance Law.[*47] The cases in which we have defeated the plaintiff's claims on these grounds are too numerous to mention, but some of the reported cases are Amorillo v. Ziegler,[*48] Iglesias v. Inland Freightways, Inc. et al.,[*49] Filippini v. Beckworth.[*50]
We have been as successful in the Federal Court[*51] as State Court in having claims dismissed under Insurance Law §5102(d). |
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We have also won numerous decisions upholding defense verdicts for our clients on the grounds of lack of proximate cause of the injury, even when our client was found negligent.[*52]
In Marrero v. Osowicki[*53] we won a unanimous defense verdict finding no serious injury under each category of Section 5102(d), even though the jury found that our client caused the accident and even though the plaintiff[*54] established multiple herniated discs. |
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[*47] Insurance Law Section 5102(d).
[*48] 226 A.D.2d 656, 642 NYS2d 527, (2nd Dept. 1996).
[*49] 209 A.D.2d 479, 619 NYS2d 59 (2nd Dept. 1994).
[*50] 776 F. Supp 673 (U.S. District Ct., EDNY 1991).
[*51] Chin v. Dworak, U.S. District Ct., EDNY, December 9, 2005, Judge Leo Glasser; Beku v. Savoretti, U.S. District Ct., EDNY, March 11, 1997, Judge Eugene Nickerson.
[*52] Saidoff v. Cummings, 709 NYS2d 845, 273 A.D.2d 218 (2nd Dept. 2000)
[*53] Supreme Ct., Queens County, May 22, 2006, Justice Roger Rosengarten.
[*54] Plaintiff's husband was a sitting Supreme Court Judge in another county, and we therefore moved the case to a different county.