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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Motor Vehicle Accident: Thomas v. Huh, et al.

Fourth Department — Motor Vehicle Accident: Thomas v. Huh, et al.

Appellate Division, Fourth Department

Motor Vehicle Accident

Serious Injury — Sufficient Evidence

Thomas v. Huh, et al.
CA 13-01040
Appealed from Supreme Court, Erie County

Background: The plaintiff sought to recover for injuries sustained in a motor vehicle accident. He was hit from behind by a tractor trailer owned and operated by the defendants. The defendants appealed the denial of their motion seeking to dismiss the complaint.

Ruling: The Appellate Division affirmed. The court held that the defendants’ own submissions support an issue with respect to whether the plaintiff suffered a serious injury. The defendants had submitted imaging studies of the plaintiff’s spine, along with several reports of tests that produced an opinion on the plaintiff’s percentage loss of range of motion. Further, the mere fact that an independent medical examiner opined that the plaintiff’s condition is preexisting is not sufficient in light of the fact that his symptoms did not occur until after the accident.

Sarah E. Hansen of Burden, Gulisano & Hickey for the defendants-appellants; Jeanna M. Cellino for the plaintiffs-respondents