Henderson v. Lamb
Lamb moved for summary judgment dismissing Henderson’s complaint arguing he failed to establish a serious injury under Insurance Law §5102(d) after allegedly sustaining injuries in a motor vehicle collision. Henderson claimed the injuries hindered him from participating in recreational activities and carrying out daily activities without experiencing pain or discomfort. Lamb argued Henderson did not seek medical evaluation until two months after the accident, yet, the court noted Henderson provided evidence he sought treatment within two weeks after the accident. Also, evidence showed Henderson received medical attention as recently as February 10, 2014 and received consistent medical evaluations and treatments from five separate doctors between July 2010 and February 2014, with two of the five doctors providing affirmations reflecting they noted physical limitations upon examining Henderson. The court stated that this in itself was sufficient to deny summary judgment. Also, courts have held that where a plaintiff was unable to engage in recreational activities and perform certain household chores, same was sufficient to raise triable issues of fact, stating if pain constituted a serious injury was a question of fact for the jury. Thus, Lamb’s motion for summary judgment was denied.
Serious Injury Threshold