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Lantigua v. Williams

Appellate Division of the Supreme Court of New York, First Department
May 22, 2003
305 A.D.2d 286 (N.Y. App. Div. 2003)

Summary

holding that a "range of motion in the neck that was restricted 10 degrees to the right, 20 degrees to the left, 5 degrees at forward flexion and 10 degrees at hyperextension, which restrictions, in view of their persistence, were described as permanent" was sufficient objective medical evidence to raise an issue of fact whether plaintiff sustained a serious injury

Summary of this case from OH v. MURRAY

Opinion

1218

May 22, 2003.

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered January 8, 2002, which denied defendants' motion for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102(d), unanimously affirmed, without costs.

Christopher L. Stanley, for plaintiffs-respondents.

Harris J. Zakarin, for defendants-appellants.

Before: Nardelli, J.P., Sullivan, Rosenberger, Wallach, Gonzalez, JJ.


Almost three years after the accident, plaintiff's physician's examination revealed a 10-degree restriction on right and left lateral bend, sporadic decreased right-hand sensation to pinprick, an equal but depressed deep tendon reflex in both uppers, and weak right-hand grasp strength. On the basis of these observations, the physician opined that plaintiff was showing the "residua of a cervical derangement as a result of his accident." A second examination conducted 4½ years after the accident revealed the same symptoms, as well as range of motion in the neck that was restricted 10 degrees to the right, 20 degrees to the left, 5 degrees at forward flexion and 10 degrees at hyperextension, which restrictions, in view of their persistence, were described as permanent. These observations constitute objective medical evidence sufficient to raise an issue of fact as to whether plaintiff sustained a serious injury (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345, 350;Adetunji v. U-Haul Co., 250 A.D.2d 483; Camilo v. Forlini, 304 A.D.2d 386, 756 N.Y.S.2d 751; Ramos v. Dekhtyar, 301 A.D.2d 428). The time gap between plaintiff's initial course of treatment and his initial examination by the above physician is raised by defendant for the first time on appeal, and we decline to review it (but cf. Ramos, id. at 429-430). We have considered defendants' other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Lantigua v. Williams

Appellate Division of the Supreme Court of New York, First Department
May 22, 2003
305 A.D.2d 286 (N.Y. App. Div. 2003)

holding that a "range of motion in the neck that was restricted 10 degrees to the right, 20 degrees to the left, 5 degrees at forward flexion and 10 degrees at hyperextension, which restrictions, in view of their persistence, were described as permanent" was sufficient objective medical evidence to raise an issue of fact whether plaintiff sustained a serious injury

Summary of this case from OH v. MURRAY
Case details for

Lantigua v. Williams

Case Details

Full title:APOLINAR LANTIGUA, ET AL., Plaintiffs-Respondents, v. CORNELL WILLIAMS, ET…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 22, 2003

Citations

305 A.D.2d 286 (N.Y. App. Div. 2003)
758 N.Y.S.2d 810

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