Plaintiff Raises Factual Issue Regarding Serious Injury

In this personal injury action defendant was granted summary judgment in that plaintiff did not suffer a serious injury within the meaning of the Insurance Law.  On appeal the Appellate Division Second Deparment held that the Plaintiff's treating chiropractor in her affidavit created a question of fact based on her contemporaneous and most recent examinations of the plaintiff which showed a herniated disc at C5-6 and that range of motion limitations were related to the subject accident.   Nigro v. Kovac
www.nycourts.gov/courts/ad2/calendar/webcal/webcal.html

SAFETY GLASS NOT REQUIRED IN SCHOOL

A high school student cut his hand on a glass door playing basketball in a Nassau County school. His mother sued on his behalf argued that the school should have had safety glass installed. The Appellate Division, Second Deparment granted Defendant Diocese of Rockville Centre summary judgment holding that the glass in the subject door complied with all building codes in effect when the school was built. Dwyer v. Diocese of Rockville Centre