Appellate Division, Fourth Department
Motor Vehicle Accident
Head-on Collision — Aggravated Pre-existing Condition
Verkey v. Hebard
Appealed from Supreme Court, Seneca County
Background: The plaintiff commenced an action seeking damages for injuries he sustained when he was involved in a motor vehicle accident with the defendant. The defendant moved for summary judgment arguing that the plaintiff did not sustain a serious injury, the plaintiff cross-moved on the issue of negligence.
Ruling: The Appellate Division modified on the law. The court found that there was a triable issue of fact because the defendant presented evidence that the collision was head-on and he was parked at the time of the collision. Further, the court found a triable issue of fact with respect to the issue of serious injury. The plaintiff had presented evidence that the preexisting condition was aggravated by the collision and did not constitute proof that the plaintiff did not sustain a serious injury.
Keith D. Miller of Hagelin Kent for the defendants-appellants-respondents; April J. Orlowski of William K. Mattar for the plaintiff-respondent-appellant