Gersic v Kuehner

Holding The court reversed the lower court’s denial of summary judgment, finding that the plaintiff failed to raise an issue of fact regarding causation because his experts offered only conclusory opinions that his herniations were traumatic rather than degenerative. The court also granted summary judgment against the individual defendant based on the plaintiff’s failure to meet the serious injury threshold against the other defendant.

The court’s words

plaintiff's experts' conclusory opinions on causation failed to raise an issue of fact in opposition to Brenmar's prima facie showing

2026 NY Slip Op 05474, at the official text

If a plaintiff cannot meet the serious injury threshold as against one defendant, he cannot meet it as against the other defendants

2026 NY Slip Op 05474, at the official text

the chiropractor did not explain why plaintiff's claimed herniations were traumatic in origin, as opposed to being degenerative in nature

2026 NY Slip Op 05474, at the official text