Steven Balson-Cohen Obtains Appellate Decision Affirming Verdict Of No “Serious Injury” From Second Department

August 19, 2016

On August 17, 2016, the Appellate Division, Second Department issued a decision affirming the jury’s verdict that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d) and also affirming the denial of the plaintiff’s motion for judgment as a matter of law in Serrano v. Rachel’s Car Service, Inc.  At trial, the plaintiff presented evidence that he underwent a discectomy of two vertebrae in his back, suffered loss range of motion in both knees and did not return to work for seven months after the accident.  Mr. Balson-Cohen presented evidence that the claimed injuries were due to degenerative conditions and not caused by the accident.  The jury found that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d) and the trial court denied the plaintiff’s motion for judgment as a matter of law.   On appeal, Mr. Balson-Cohen successfully argued that the verdict and trial court’s ruling should be affirmed.

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