AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

KELLY PASSARELLE, RESPONDENT, v. MELINDA BURGER, APPELLANT (AND A THIRD-PARTY ACTION).

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, with costs, the motion is granted, and the complaint is dismissed.

The defendant met her burden on the motion by submitting affirmations of medical experts who examined the plaintiff and concluded that no objective medical findings supported her claim (see, Grossman v. Wright, 268 A.D.2d 79, 83-84). The plaintiff's opposition was insufficient to raise a triable issue of fact. The plaintiff failed to submit any proof contemporaneous with the accident of any initial range of motion restrictions in opposition to the motion (see, Jimenez v. Kambli, 272 A.D.2d 581). In addition, the plaintiff's doctor failed to set forth what objective tests, if any, he performed in arriving at this conclusions concerning any alleged restrictions of motion (see, Grossman v. Wright, supra, at 84).

The plaintiff's subjective complaints of headaches were insufficient to defeat the motion (see, Alvarez v. Ming Chao Wong, 266 A.D.2d 248).

Finally, even if the conclusion of the plaintiff's doctor that the plaintiff suffered from carpal tunnel syndrome was supported by objective medical evidence, such evidence would be insufficient to satisfy the threshold criteria that the plaintiff sustained a permanent consequential limitation of a body organ or member (see, O'Reilly v. Nelson, 261 A.D.2d 372, 373; Horan v. Mirando, 221 A.D.2d 506).

Use AI to get other relevant cases.

Comments

PASSARELLE v. BURGER
(Dec 12, 2000)