Recharde Hospedales v. “John Doe” a/k/a Danilo G. Perdomo, Supreme Court, Appellate Division, First Department, December 14, 2010

The Appellate Division of the New York Supreme Court affirmed a Bronx Supreme Court decision granting summary judgment against a plaintiff who had allegedly been injured by the defendant automobile driver. Abrams Gorelick associate Dennis Monaco represented the defendant and contended that the plaintiff had not established permanent injuries causally related to the accident. Defendant’s orthopedic surgeon had found that, by the time of his examination, all of plaintiff’s injuries had been resolved.

Plaintiff’s treating physician had last seen the plaintiff more than a year and a half before. The lower court found that under these circumstances, the plaintiff’s physician’s conclusory statement that the injuries were permanent did not rebut the defendant’s evidence. Plaintiff also failed to address defense evidence that plaintiff’s alleged disc herniations were the result of a degenerative condition, unrelated to the accident, or provide objective evidence that his limitations were attributable to the herniations.