Justice Arlene Bluth
Defendants moved for summary judgment dismissing this personal injury action arguing Kazina did not sustain a "serious injury" under Insurance Law §5102(d). Kazina was injured when her vehicle was struck by a vehicle driven by Lewis and owned by Miller Transportation. The court found, based on defendants’ submissions, they satisfied their burden of establishing prima facie that Kazina did not suffer a serious injury. Defendants’ experts testified that Kazina was "orthopedically stable and neurologically intact," noting she had no causally related orthopedic or neurological impairment. Yet, it also found Kazina, through submission of expert testimony, raised an issue of fact that she sustained a serious injury of chronic cervical myofascial pain syndrome caused by her bulging discs, as confirmed by an MRI. The expert concluded the condition of Kazina’s cervical spine was permanent and causally related to the accident, noting no degenerative changes were seen in the MRI. The court noted the conflicting expert testimony was an issue of credibility best left to the trier of fact, denying defendants’ motion.
