Gadson v. Carol Grimaldi-Guy, et al.

Carol Grimaldi-Guy
Supreme Court, Bronx County

The plaintiff commenced the instant action alleging that she sustained various serious injuries as a result of a motor vehicle accident occurring on the Harlem River Drive in New York City. At the time of the accident, the plaintiff was a passenger in the vehicle owned by co-defendant, 58 Corp., and operated by co-defendant, William O. Welsh, which allegedly collided with the vehicle owned and operated by our client, Carol P. Grimaldi-Guy.

Following the completion of discovery, Kristin L. Weinberger moved for summary judgment to dismiss the plaintiff's complaint upon failure to satisfy the New York's threshold for serious injury. The co-defendants also filed a motion for similar relief.  The Court issued a decision granting the defendants' motions. The Court held that the defendants made a prima facie showing that the plaintiff's injuries were not serious within the meaning of Insurance Law Section 5102(d) by proffering objective medical evidence that her injuries were degenerative and unrelated to the accident at issue. The plaintiff failed to submit any objective evidence establishing a serious injury and therefore, could not defeat the defendants' motion. (July, 2011)