On April 6, 2018, the Honorable Paul Kenny, Chief Clerk of the Appellate Term rendered a decision in the case of Ugbor v. Henderson, Index No. 1802/2015 (Sup. Ct. Queens County). Attorney Fallon Mulerman-Orer won summary judgment on July 11, 2016. The Plaintiff claimed he sustained series injuries to his neck, back, both knees and right shoulder requiring surgery, following a motor vehicle accident. Ms. Mulerman-Orer argued that according to the Defendant’s independent medical examiner, the Plaintiff sustained only sprains, strains and contusions, and that he did not sustain a “serious injury” within the meaning of Insurance Law Section 5102(d). Ms. Mulerman-Orer also argued that the Plaintiff’s right shoulder tear was not the result of this accident.
The Court granted the Defendant summary judgment and dismissed the complaint. Plaintiff appealed to the Appellate Term. Per Justice Kenny’s Decision & Order, the Appellate Term recognized that the Defendant made out its prima facie case that the Plaintiff was not “seriously injured” as a result of this accident in their Motion for Summary Judgment. The Court further determined the Plaintiff failed to raise a triable issue of fact regarding “serious injury”. With respect to the Plaintiff’s right shoulder tear, the Court determined that although Plaintiff did provide proof he sustained a right shoulder tear, he failed to provide proof that the tear was caused by this accident. The Appellate Term affirmed the lower Court’s decision to dismiss the complaint in full.