Court agrees that plaintiffs could not show "serious injury": grants summary judgment to defendant in no-fault case

Valentin, et al. v. Santos, Supreme Court, Bronx County, Index No. 25278/03

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In a five-page Decision and Order, dated March 26, 2012, the Honorable Ben R. Barbato dismissed the Complaint of four (4) plaintiffs against the defendant driver. The Court held that the objectively documented injuries sustained by the plaintiffs did not meet the "serious injury" threshold for no-fault insurance as defined by New York Insurance Law §5102(d).

After carefully reviewing the documentation put before it, the Court concluded that plaintiffs had not demonstrated by admissible evidence an objective and quantitative evaluation that they suffered a significant limitation to the normal function, purpose and use of a body organ, member, function or system sufficient to raise a material issue of fact for determination by a jury. Further, the plaintiffs did not demonstrate the extent and duration of their physical limitations sufficient to allow this action to be presented to a trier of facts.

AGF&J Associate Dennis J. Monaco briefed and argued the motion.