Without hiring an expert, Alexander Cogbill wins another Motion for Summary Judgment dismissing the case under New York’s Serious Injury Threshold

In Kings County Supreme Court, a Plaintiff, who had never been involved in another accident, alleged multiple herniated discs in the cervical and lumbar spine as a result of a rear-end car accident. Plaintiff alleged longstanding significant disability and decreased quality of life as a result of longstanding pain. At the close of discovery, Alexander Cogbill filed a motion for summary judgment to have the case dismissed as the Plaintiff’s injuries failed to overcome New York’s serious injury threshold. Using deposition testimony and Plaintiff’s own medical records from treatment, but without disputing the existence of the herniated and bulging discs, Alexander argued that Plaintiff had no functional disability within three months of the accident and therefore was not seriously injured. Kings County Supreme Court agreed and dismissed Plaintiff’s case.