They call her crash

Hedgecock v Pedro, 2012 NY Slip Op 02005 (4th Dept. 2012)

Four accidents and a court having to discern which accidents are sufficient to sustain a serious injury.

I am not sure if there is a no-fault link except for the nascent issue of which claim or insurance policy should cover the medical bills.  But, what interests me is that the court actually delineated between the “significant limitation” and “permanent consequential” categories of 5102(d).  It is also another example of the role that chiropractor’s play in these cases.

“In opposition to the motions, plaintiff submitted her entire deposition testimony, the affidavit of her treating chiropractor and the affidavit of her treating neurologist**.**

(1) Combined effect of all accidents: Inasmuch as the treating neurologist discussed the combined effect of all four accidents on plaintiff’s symptoms, his affidavit fails to raise a triable issue of fact whether the first or second accident caused a serious injury (see generally Zuckerman v City of New York, 49 NY2d 557, 562).

(2) Accident number one: With respect to the first accident, the affidavit of the treating chiropractor detailed plaintiff’s worsening migraine symptoms following that accident and noted that there were muscle tension and trigger points upon palpation following that accident. The treating chiropractor also stated that plaintiff’s symptoms improved prior to the second accident, but that her medical condition had not returned to the state it had been in immediately prior to the first accident.

(3) Accident number two: With respect to the second accident, the treating chiropractor stated that plaintiff’s symptoms had not improved with treatment prior to the third accident, which occurred nearly one year after the second accident, and he outlined the quantitative restrictions of the range of motion of her cervical and lumbar spine, comparing those restrictions to the normal range of motion (see Burke v Moran, 85 AD3d 1710, 1711; cf. Houston v Geerlings, 83 AD3d 1448, 1449-1450). Further, plaintiff was granted a medical withdrawal from her graduate studies immediately following the second accident based upon the frequency and intensity of her migraine headaches, each of which lasted up to 24 hours and prevented her from driving, attending classes or doing household chores.

(4) The Courts decides: Thus, we conclude that plaintiff raised a triable issue of fact sufficient to defeat those parts of each motion with respect to the significant limitation of use category (see generally Roll v Gavitt, 77 AD3d 1412), as well as the 90/180-day category (see generally Houston, 83 AD3d at 1450). Because plaintiff’s treating chiropractor stated that plaintiff’s symptoms had not improved in the nearly one-year period between the second and third accidents, we conclude that plaintiff also raised a triable issue of fact sufficient to defeat that part of the Sterman defendants’ motion with respect to the permanent consequential limitation of use category (see generally Roll, 77 AD3d 1412). We further conclude, however, that plaintiff failed to raise a triable issue of fact sufficient to defeat that part of Pedro’s motion with respect to the permanent consequential limitation of use category, inasmuch as plaintiff’s treating chiropractor stated that her symptoms improved prior to the second accident, and thus that the court erred in denying the motion in its entirety. We therefore modify the order accordingly.”

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Legal Update (February 2026): Since this 2012 post, Insurance Law Section 5102(d) serious injury threshold standards may have evolved through subsequent appellate decisions and regulatory guidance. Practitioners should verify current judicial interpretations of “significant limitation” and “permanent consequential limitation” categories, as well as any updates to evidentiary standards for medical affidavits in serious injury determinations.