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AGF&J Wins Summary Judgment for its client in a motor vehicle accident

Wynn v. Rivera, Index No. 307938/2010 (Sup.Ct. Bronx Cty. 2014)

On July 7, 2014, Honorable Ben R. Barbato of Supreme Court, Bronx County, granted summary judgment to AGF&J's client in Wynn v. Rivera. In that case, plaintiff claimed that he had sustained serious injuries in a multi-vehicle accident that occurred in September, 2007. Plaintiff claimed to have suffered significant injuries including cervical disc hernations, lumbar disc bulges, and cervical and lumbar sprains, strains and radiculopathy.

The Court found that defendant sustained its initial burden of proof on the motion and had established that plaintiff did not sustain a "serious injury" by submitting the affirmed medical reports of an orthopedic surgeon, Dr. Michael J. Katz, a neurologist, Dr. Daniel J. Feuer, who had examined plaintiff and radiologist, Dr. Peter Allen Ross, who had reviewed plaintiff’s cervical MRI films. They concluded that plaintiff's symptoms resulted from degenerative changes pre-existing to and not causally related to the Septemer 2007 accident.

Opposing the motion, plaintiff's attorney submitted an affirmation from a doctor who had examined plaintiff on one single occasion almost six years after the accident. The Court held that the single examination was insufficient to refute the conclusions of defendant’s medical experts. Thus, the Court granted the motion for summary judgment.

AGF&J's client was represented in the action by Dennis Monaco.