Bendix Obtains Dismissal in Motor Vehicle Accident Suit

Bruce Bendix obtained summary judgment dismissing a complaint against our clients in an action arising from a motor vehicle accident. In the complaint, plaintiff alleged that she sustained serious injuries as defined by Insurance Law Section 5102(d).

Bruce contended that plaintiff did not sustain a “serious injury” since she had a pre-existing neck condition and her objective neck symptoms after the accident were no different than her symptoms prior to the accident. He also contended that there were extensive gaps in treatment. Plaintiff contended that there was an aggravation of the previous neck condition.

The court agreed with our contention that there was no proof that the pre-existing condition was aggravated, that there were unexplained gaps in treatment and therefore plaintiff did not sustain a “serious injury” as defined by Insurance Law Section 5102(d).