Blog

90/180 from the Fourth DepartmentMay 10, 2016

Williams v Jones, 2016 NY Slip Op 03607 (4th Dept. 2016)

The no-fault geeks can skip passed this post.  As to the others: what is necessary to raise an issue of fact to defeat a 90/180 MSJ threshold?  Here is an answer.

” In our view, when a plaintiff presents objective evidence of a medically determined injury along with evidence that a medical provider placed restrictions on his or her daily activities, and there is no apparent explanation unrelated to the accident for those restrictions (cf. Dongelewic v Marcus, 6 AD3d 943, 945; Kimball v Baker, 174 AD2d 925, 927), it cannot be said as a matter of law that causation is lacking or that the plaintiff’s limitations are based solely on subjective pain”

ALSO – do not forget that even through permanent consequential and significant limitation were thrown out, prevailing on the 90/180 allows plaintiff to recover for all causally related injuries.

 

Leave a Reply