Appellate Division, Fourth Department
Motor Vehicle Accident
Serious Injury — Culpable Conduct
Harrity v. Leone and Peterson
Appealed from Supreme Court, Monroe County
Background: The plaintiff commenced an action to recover damages for the injuries she sustained when the vehicle in which she was a passenger, driven by the defendant Leone, collided with a vehicle driven by the defendant Peterson. The court had dismissed those parts of the plaintiff’s claims alleging significant disfigurement and the 90/180-day categories of serious injury. In addition, the court granted the plaintiff’s cross motion dismissing the affirmative defenses alleging the plaintiff’s failure to wear a seatbelt.
Ruling: The Appellate Division affirmed the dismissal of the plaintiff’s claims for serious injury. The medical records proffered established that there were no medical findings of an injury that caused her alleged limitations on her daily activities. The Appellate Division reversed upon finding error with the court’s dismissal of the affirmative defenses. The court found that the plaintiff’s carrying a pan of pot roast on her lap could be a causative factor to a burn on her hand.
Alison M.K. Lee of Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC for the defendant-appellant-respondent Jared M. Leone; Barney F. Bilello of the Law Offices of Karen Lawrence for the defendant-appellant-respondent Martin Peterson; Sareer A. Fazili of Cellino & Barnes PC for the plaintiff-respondent-appellant