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Plaintiff Injured in Car Accident, Defendants Seek Summary Judgment Under CPLR 3212


The plaintiffs in the case are Norris A. Calliste and Javaka Brown. The defendant in the case is Claude Williams. The case is being heard in the Supreme Court of Kings County.

Plaintiff Argument

The plaintiff’s action in this case is based on personal injuries that were sustained when they were involved in a car accident. The verified complaint that has been issued by the plaintiffs states that they were passengers in a car that was owned and operated at the time of the accident by the defendant, Claude Williams. The car was traveling on the Belt Parkway in Queens County at the time the accident occurred. Both plaintiffs sustained serious injuries when the car driven by Claude Williams collided with a vehicle on the overpass.

The plaintiffs offer 18 different exhibits in the case labeled A through R. The exhibits offered by the plaintiffs include copies of the depositions that were given by both the plaintiffs on the 18th of August. Additionally, said a Staten Island Personal Injury Lawyer, the exhibits offer medical reports from Flatlands Medical and hospital reports from Jamaica Hospital.

Defendant Argument

A New York Injury Lawyer said the defendant is seeking a motion of summary judgment in the case to dismiss the complaints filed against him. His request is pursuant to CPLR 3212, based on the fact that the injuries the two women sustained do not qualify under the “serious injury” clause of the insurance laws.

The motion papers offered by the defendant include eight exhibits, labeled A through H. Exhibit A is a copy of the verified complaint and the summons. Exhibit B is a copy of the answer provided by the defendant. Exhibit C is a copy of the verified bill of particulars. Exhibit D is a copy of the deposition given by Calliste on August 18, 2010. Exhibit E is the affirmed report of the orthopedic examination that was given to Calliste by Dr. Allen J. Zimmerman. Exhibit F is a copy of Brown’s deposition that she gave on August 18, 2010. Exhibit G is a copy of the document that allows the plaintiff Brown to return to work. Exhibit H is the orthopedic examination as given to Brown by Dr. Allen J. Zimmerman.

Case Results

In a case such as this, for a summary judgment to be granted prima facie must be made to prove clearly that there are no triable issues of fact.

In a case involving insurance, insurance law states that any action by a person who is covered by the policy that involves personal injuries that rise from negligence on their behalf when operating a vehicle will not be eligible for the recovery of non-economic loss, except in situations of “serious injury.”

In the motion to dismiss the case made against the defendant by Calliste, it is found that Calliste did not in fact sustain serious injuries from the accident. A Queens Injury Lawyer said for this reason, the defendant’s motion for the case to be dismissed is granted.

In the motion to dismiss Brown’s case against the defendant, it is found that the plaintiff did in fact sustain serious injuries from the accident. For this reason, the court must deny the defendants motion for summary judgment dismissing the complaint made against him.

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