A lady was driving a Honda Civic on September 17, 2007 on the Jericho Turnpike. She was parked in traffic waiting for the light to turn green when a Jeep hit her car from behind. The impact of the rear-end collision pushed her Honda Civic one car length away. Her Honda Civic struck the car in front of her.
The impact of the collision sent the lady driver of the Honda Civic in a lurching motion. She hit the steering wheel and was pulled back by gravity so that she hit her neck and back on the head rest. She claims that she twisted her neck and was in pain.
She claims that she sustained spinal injury in her cervical and lumbar spine. She claims to have discs that have been misaligned and resulted in swellings which brought about impingement of the nerves and great pain.
The owner and driver of the Jeep seeks the dismissal of the complaint on the ground that the lady driver did not sustain a serious injury. They produced evidence that the lady driver did not miss any work from the time of the accident. They also produced evidence that the lady driver went out of the country to travel abroad on at least three occasions after the accident until the time of the trial.
The Jeep owner also provided evidence by way of physicians’ reports and MRI and CT Scans of the lady driver immediately after the car accident. The doctors examined the lady driver and performed range of motion tests on her and their findings show that the range of motion of the lady driver’s spine was within normal range.
The Bronx doctor who interpreted the MRI findings gave an opinion that the pain and swellings of the discs of the spine of the lady driver were not caused by the accident but these were caused by a degenerative spinal condition that is due to the wear and tear on the spine as a result of aging.
The lady driver opposed the motion for summary judgment filed by the owner of the Jeep. She produced medical findings of doctors who treated her from the time of the accident until the time of the trial. Her medical experts claim that she has sprained her lumbar and cervical spine such that she suffers pain when she sits or stands for a long time. She also claims that she is unable to lift objects and unable to do chores in the house as a result of the constant pain she suffers.
She also answered the allegation of the owner of the Jeep that she did not miss any day of work after the accident. She claims that she could not afford to miss work so she showed up for work although she was heavily medicated. She also claims that her daily activities have been limited as her constant pain renders her unable to do the things around the house that she used to do.
She also presented the diagnosis, findings and opinions of her Long Island chiropractor who testified that she suffered sprain in her cervical and lumbar spine which caused her spine to be misaligned. The misalignment impinged on nerves which cause her considerable pain.
The only question before the Court is whether or not the motion for summary judgment filed by the owner of the Jeep should be granted.
The Court held that the lady driver of the Honda Civic had succeeded in raising material issues of fact that must be resolved by a jury. The plaintiff in her own affidavit and in the affidavit of her attending physicians have raised the issue of fact as to whether or not the spinal injury she suffered were caused by the accident. The motion for summary judgment is denied.
Are you like the lady driver here who was sitting in traffic waiting for a green light when your car was struck by another car from behind? Like her, did you suffer spinal injury? Before you file a suit in damages, you must consult with a New York City Spinal Injury lawyer. The New York Spinal Injury attorney can help you assemble material and relevant evidence to prove the extent of the spinal injury you suffered. At Stephen Bilkis and Associates, their NYC Spinal Injury lawyers are eager to represent you and present evidence in your behalf in court. Come and visit any of the offices of Stephen Bilkis and Associates in the New York area and speak with any of their NY Spinal Injury attorneys today.