Chenault v. Cruz
Movants sought summary judgment dismissal, arguing Chenault did not show her injuries met the serious injury threshold under Insurance Law 5102(d). Cruz and Suriel moved for summary judgment dismissal on the same ground, but were denied. They also sought dismissal arguing Chenault failed to establish they were liable for the accident, and the unopposed motion was granted. Chenault was involved in a motor vehicle accident claiming she sustained cervical and lumbar spine injuries. She also alleged aggravation/exacerbation of a prior injury to the lumbar spine, left shoulder and right hip. Movants annexed reports of a neurologist and orthopedist, who determined Chenault had a normal exam, noting evidence of a resolved low back sprain. Yet, neither report addressed Chenault’s claim of injury to her right hip. Thus, the court ruled movants failed to meet their prima facie burden as to Chenault’s claim she sustained an aggravation/exacerbation of a prior injury to the right hip as a result of the accident, noting it was necessary to decide if her opposition papers sufficiently raised a triable issue of fact. The motions and cross-motions for summary judgment on the grounds Chenault did not demonstrate her injuries met the serious injury threshold and were denied.