Associate, Edward A. Averbuch took a verdict in Supreme Court, New York County in late August 2019 in a case where Leav & Steinberg represented plaintiff, a 43 year old male, who suffered injuries in an automobile accident that took place in early 2014.
It was plaintiff’s position at trial that his injuries raised to the level of “serious injuries”, as that term is defined by the Insurance Law, because he suffered tears to the tendons of the shoulder, including the rotator cuff, as well as derangement and impingement syndromes to the shoulder–all of which required surgical intervention to repair in August 2015. The surgeon opined as to the following intra operative findings: detached tear of the labrum, grade I chondromalacia of the central portion of the glenoid and partial thickness tearing of the rotator cuff on the bursal side of the joint. In addition, plaintiff also sustained a herniated disc in the lumbar spine and two herniated discs in the thoracic spine. The injuries to the spine were withdrawn prior to trial as plaintiff suffered similar injuries in a prior accident.
The trial commenced on the issue of damages only. Earlier in the litigation, plaintiff filed a motion seeking summary judgment on the issue of liability, which was granted as against the defendant in October 2018.