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No serious injury says unanimous Bronx jury

Segundo M. Rodriguez v. Erasmo M. Pichardo and Alfredo Reynoso, Index No. 310663/2008 (Sup. Ct. Bronx Cty. 2013)

A Bronx jury rendered a unanimous verdict in favor of the defendant driver, finding that the plaintiff did not sustain a "serious injury" as defined by New York State Law.

The action arose from an accident that occurred when the defendant driver made a left hand turn against a stop sign and his vehicle came into contact with the vehicle driven by co-defendant. Three passengers commenced action, and the co-defendant driver subsequently commenced a separate action against AGF&J's client. On motion for summary judgment, the Court dismissed the claims by all three passengers, finding that they had not sustained a serious injury as defined by the New York State Insurance Law.

At trial of the co-defendant's claim, AGF&J presented the reports of a diagnostic radiologist, an orthopedic surgeon, and a neurologist, that opined that plaintiff's injuries were pre-existent and not causally related to the subject accident. Plaintiff alleged disc herniations at L4-L5, C4-C5 and C5-C6 vertebral levels, as well as a left shoulder derangement.

AGF&J partner Irwin Miller and associate Dennis Monaco represented the prevailing driver.