Summary Judgment Granted In Collision Case

In Massac v. Adolphe & Super Express Cab Corporation (Index no. 5193/07), RKT Attorneys John Corring and Gavin Reynolds were granted Summary Judgment. The case sought to recover damages for personal injuries allegedly sustained by plaintiff as a result of a motor vehicle accident. The plaintiff claimed that RKT’s client, Adolphe, was the cause of the accident and that the plaintiff sustained injuries to the cervical and lumbar regions of his spine. His argument that the plaintiff’s injuries failed to meet the serious injury threshold was bolstered by the testimonies of two board certified neurologists claiming that the plaintiff’s alleged spinal injury was not a result of a recent traumatic injury but was simply a diffuse degenerative change unrelated to the accident. John moved for Summary Judgment for failure to meet the serious injury threshold as defined by Insurance Law 5102 (d). Gavin then argued the motion before Judge James G. Starkey, who, upon hearing the arguments granted the motion and dismissed the complaint.