Adetunji v. U-Haul Co. of Wisconsin, Inc.
| Decision Date | 19 May 1998 |
| Docket Number | U-HAUL |
| Citation | 672 N.Y.S.2d 869,250 A.D.2d 483 |
| Parties | , 1998 N.Y. Slip Op. 4807 Adewole O. ADETUNJI, Plaintiff-Respondent, v.COMPANY OF WISCONSIN, INC., et al., Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
Lawrence B. Lame, for plaintiff-respondent.
Anthony J. Centone, for defendants-appellants.
Before MILONAS, J.P., and ROSENBERGER, NARDELLI, WALLACH and RUBIN, JJ.
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 18, 1997, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The straight-leg raising tests conducted by plaintiff's treating physician and his observation of spasms, which he quantified as indicating a 30% loss of motion in plaintiff's lumbosacral spine and a 30% loss of rotation, abduction and extension in the cervical spine, constitute objective evidence of a serious injury (see, O'Sullivan v. Atrium Bus Co., 246 A.D.2d 418, 668 N.Y.S.2d 167; Risbrook v. Coronamos Cab Corp., 244 A.D.2d 397, 664 N.Y.S.2d 75; Kim v. Cohen, 208 A.D.2d 807, 618 N.Y.S.2d 386), and those findings, two years after the accident, causing the doctor to believe the injuries were permanent, create a triable issue as to whether plaintiff did indeed suffer a "serious injury" within the meaning of Insurance Law § 5102(d), notwithstanding the normal results of X-rays, an MRI and a CT scan (see, O'Sullivan v. Atrium Bus Co., supra; Cammarere v. Villanova, 166 A.D.2d 760, 761, 562 N.Y.S.2d 808). Plaintiff's assertion that he was unable to work for four months following his accident, confirmed by the physician's affirmation that he confined plaintiff to bed rest for that period, also establishes that plaintiff could not engage in his usual and customary activities for at least 90 out of the 180 days following the accident, and the absence of corroborating work records merely creates a triable issue of fact.
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...form sufficient to establish the existence of material issues of fact which require a trial of this action. (See, Adetunji v. ll-Haul, 250 A.D.2d 483, 672 N.Y.S.2d 869 (1st Dept. 1998); Brown v. Achy, 9 A.D.3d 30, 776 N.Y.S.2d 56 (1st Dept. 2004)). The report of plaintiff's doctor, Dr. Rafi......
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Rivera v. United States
...physician, can also be sufficient to withstand a summary-judgment motion. See id.; see also Adetunji v. U-Haul Co. of Wis., Inc., 672 N.Y.S.2d 869, 870, 250 A.D.2d 483, 483 (1st Dep't 1998). "[A]n expert's qualitative assessment of a plaintiff's condition also may suffice, provided that the......
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Mastrantuono v. U.S., 99 Civ 11105 WCC.
...and extension in the cervical spine, were sufficient to withstand a summary judgment motion. See Adetunji v. UHaul Co. of Wis., Inc., 250 A.D.2d 483, 672 N.Y.S.2d 869, 870 (1st Dep't 1998). This remained true even though the findings were made two years after the accident. See id.; see also......
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Gil v. W. Express, Inc.
...by a treating physician, can also be sufficient to withstand a summary-judgment motion. See id.; see also Adetunji v. U-Haul Co. of Wis., Inc., 250 A.D.2d 483, 483 (1st Dep't 1998). "[A]n expert's qualitative assessment of a plaintiff's condition also may suffice, provided that the evaluati......