Solarzano v. Power Test Petro, Inc.

Appellate Division of the Supreme Court of New York

Solarzano v. Power Test Petro, Inc.

181 A.D.2d 631, 582 N.Y.S.2d 10, 1992 N.Y. App. Div. LEXIS 5193

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 1992

StatusPublished

Cited by6 cases

This text of 181 A.D.2d 631 (Solarzano v. Power Test Petro, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Solarzano v. Power Test Petro, Inc., 181 A.D.2d 631, 582 N.Y.S.2d 10, 1992 N.Y. App. Div. LEXIS 5193 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Judgment, Supreme Court, Bronx County (Philip C. Modesto, J.), entered March 27, 1991, which granted defendants’ motion to set aside the jury verdict in favor of plaintiff and dismissed the complaint, unanimously affirmed, without costs.

The trial court properly set aside the verdict and dismissed the complaint for failure to establish a prima facie case of serious injury, as required by Insurance Law § 5104 (a). Hospital records pertaining to the treatment plaintiff received immediately after the accident and other medical and hospital records over a course of nearly five years do not show any objective medical proof that he sustained a serious injury. Plaintiff’s medical expert’s conclusory opinion that plaintiff was suffering from "post concussion syndrome with diffuse cerebral dysfunction” was based upon subjective complaints of occasional and recurrent headaches some five years after the accident, not upon objective medical findings so as to establish serious injury (see, O’Neill v Rogers, 163 AD2d 466). Concur— Murphy, P. J., Sullivan, Rosenberger and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment, Supreme Court, Bronx County (Philip C. Modesto, J.), entered March 27, 1991, which granted defendants’ motion to set aside the jury verdict in favor of plaintiff and dismissed the complaint, unanimously affirmed, without costs.

The trial court properly set aside the verdict and dismissed the complaint for failure to establish a prima facie case of serious injury, as required by Insurance Law § 5104 (a). Hospital records pertaining to the treatment plaintiff received immediately after the accident and other medical and hospital records over a course of nearly five years do not show any objective medical proof that he sustained a serious injury. Plaintiff’s medical expert’s conclusory opinion that plaintiff was suffering from "post concussion syndrome with diffuse cerebral dysfunction” was based upon subjective complaints of occasional and recurrent headaches some five years after the accident, not upon objective medical findings so as to establish serious injury (see, O’Neill v Rogers, 163 AD2d 466). Concur— Murphy, P. J., Sullivan, Rosenberger and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

181 A.D.2d 631, 582 N.Y.S.2d 10, 1992 N.Y. App. Div. LEXIS 5193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solarzano-v-power-test-petro-inc-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack