Lazo v. Bacher
Justice Denise F. Molia
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Bacher moved for summary judgment dismissing the complaint in this action by Lazo to recover damages for injuries allegedly sustained from a motor vehicle accident. It was alleged bacher's vehicle crossed a double yellow line and struck the rear of Lazo's car. Lazo alleged she sustained various personal injuries claiming she was incapacitated from her employment as a dental assistance for four to six weeks following the accident. Bacher argued lazo did not sustain a serious injury under Insurance Law 5102(d). The court found Bacher, through submission of Lazo's deposition transcript and medical evidence, established a prima facie case Lazo did not sustain an injury as defined by 5102(d) resulting from the accident. It stated Lazo's own medical records and deposition testimony showed she did not sustain a serious injury, noting substantially all of her daily activities were not curtailed. Yet, the court concluded Lazo submitted competent medical evidence raising a triable issue of fact if she sustained serious injuries to her spine under the limitations of uses categories within 5102(d) and if such injuries were causally related to the accident. It stated conflicting expert reports were a question for the trier of fact, denying Bacher dismissal of the complaint.