Whitehead v. Olsen
Cases that cite this one
5 later published cases cite this decision.
- Young Chool Yoo v. Rui Dong Wang (Appellate Division of the Supreme Court of New York 2011)
- Williams v. Fava Cab Corp. (Appellate Division of the Supreme Court of New York 2011)
- Walker v. Esses (Appellate Division of the Supreme Court of New York 2010)
- Pearce v. Olivera-Puerto (Appellate Division of the Supreme Court of New York 2010)
- Tai Ho Kang v. Youg Sun Cho (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Costello, J.), dated November 19, 2008, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The defendants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]; see also Giraldo v Mandanici, 24 AD3d 419 [2005]). In opposition, the plaintiff principally relied on the affidavit of her treating chiropractor, Dr. Kim L. Wist. In that affidavit, Dr. Wist opined that the plaintiffs lumbar injuries and observed range-of-motion limitations were significant and permanent, and causally related to the subject accident. Dr. Wist based her opinion on her contemporaneous and most recent examination of the plaintiff and her review of the plaintiffs magnetic resonance imaging reports of, inter alia, her lumbar region, which revealed a herni
Contrary to the defendants’ contentions on appeal, there was no gap in the plaintiffs treatment. Dr. Wist explained in her affidavit that the plaintiff essentially was treated by her continuously from the time of the subject accident until her recent examination of the plaintiff in 2008. Furthermore, Dr. Wist adequately addressed in her affidavit any issues regarding degeneration. Skelos, J.P., Covello, Eng, Chambers and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.