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Ferguson v. DeSouza

Negligence Suit Over Collision Dismissed, 'Serious Injury' Under No-Fault Law Not Shown

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MEMORANDUM DECISION AND ORDER Plaintiff Anthony Ferguson commenced this action against Defendants Christian DeSouza and Wild Eagle Trans LLC, alleging that Defendants’ negligence resulted in a collision of the parties’ motor vehicles and caused Plaintiff serious physical injury. (Complaint (“Compl.”), ECF No. 1-1.) Defendants move for summary judgment pursuant to Federal Rule of Civil Procedure 56, seeking dismissal of Plaintiff’s claim on the grounds that the collision was caused solely by the negligence of Plaintiff, or, in the alternative, because Plaintiff has not sustained a “serious injury” as required by New York State Insurance Law §5102(d). (ECF No. 36.) Because Plaintiff has failed to show that he suffered a “serious injury” within the meaning of Section 5102(d), Defendants’ motion for summary judgment is GRANTED.1 I. FACTUAL BACKGROUND2 This case concerns a motor vehicle incident that occurred on April 25, 2018 on the southbound Cross Bronx Expressway in Bronx, New York. (Defs.’ Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1 in Supp. of Defs’ Mot. for Summ. J. (“Defs.’ SUMF”), ECF No. 40 1.) The accident occurred as Plaintiff merged from the Sheridan Expressway onto the Cross Bronx Expressway into the lane of travel occupied by Defendants. (Id.

4-5, 9.) Upon Plaintiff’s merger, the rear of Plaintiff’s van collided with Defendants’ trailer’s right-front fender and right-front wheel. (Pl.’s Local Civil Rule 56.1 Counterstatement (“Pl.’s Counterstatement”), ECF No. 48-3 6.) At contact, Plaintiff’s vehicle shifted about two feet. (Id. 10.) The day after the accident, Plaintiff sought medical attention at Bronx Lebanon Hospital, complaining of pain in his right knee, right wrist, right shoulder, back, and neck. (ECF No. 39-9, at 1.) The parties present conflicting evidence as to both the cause and extent of Plaintiff’s injuries. (Compare Defs.’ SUMF

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