News
Competent Medical Evidence Required to Establish a “No Serious Injury” Defense Under New York Insurance Law § 5102(d)
August 9, 2024
Share to:
Under New York Insurance Law §5102(d), a person injured in a motor vehicle accident may recover damages for pain and suffering if they sustained a “serious injury”, defined by the statute as a personal injury which results in death, dismemberment, significant disfigurement and certain other specified injuries and conditions. In moving for summary judgment based on this statute, a defendant must provide sufficient evidence to establish, as a matter of law, that a plaintiff failed to meet these requirements.
In Yoon Sik Moon v. Ramirez, the plaintiff filed suit to recover for personal injuries sustained in a car accident. The defendant moved for summary judgment on the basis that plaintiff’s alleged hip injury did not constitute a “serious injury” pursuant to Insurance Law § 5102(d). The Supreme Court denied the motion, in part, because defendants failed to submit competent medical evidence to substantiate this defense. The Second Department agreed and affirmed without even reviewing plaintiff’s opposition papers.
The Yoon Sik Moon decision highlights the importance of supporting a summary judgment motion under Insurance Law §5102(d) with competent and admissible medical evidence. The failure to do so may result in the motion being denied.
