Kessler v Carr

Holding The court affirmed the denial of the plaintiff’s cross-motion for summary judgment on the issue of serious injury, finding that conflicting expert opinions regarding causation and the nature of the cervical spine injury raised triable issues of fact. The majority determined that the plaintiff failed to meet her initial burden because her own submissions included evidence that contradicted her expert’s opinion on the existence of herniated discs and the causal link to the accident.

The court’s words

conflicting expert opinions may not be resolved on a motion for summary judgment

2026 NY Slip Op 04672, at the official text

plaintiff failed to meet her initial burden on her cross-motion of establishing that she sustained a serious injury

2026 NY Slip Op 04672, at the official text

her own submissions raise triable issues of fact

2026 NY Slip Op 04672, at the official text

the experts offered contradictory opinions regarding whether plaintiff's post-accident MRI showed herniated discs

2026 NY Slip Op 04672, at the official text