Vasquez v Uber Tech. Inc.

Holding The court affirmed the summary judgment dismissing the plaintiff’s claims because she failed to establish a serious injury as defined by Insurance Law § 5102(d). The plaintiff’s expert testimony was insufficient to raise an issue of fact regarding causation due to a significant delay in examination and failure to address contrary expert opinions.

The court’s words

Defendants established prima facie that plaintiff did not suffer a serious injury as defined by Insurance Law § 5102 (d)

2026 NY Slip Op 05751, at the official text

plaintiff's expert orthopedist's submissions failed to raise an issue of fact as to whether she sustained a causally related serious injury

2026 NY Slip Op 05751, at the official text

the examination was conducted nearly three years after the accident

2026 NY Slip Op 05751, at the official text

plaintiff's expert failed to address defendants' radiologist's opinion that plaintiff suffered from chronic changes in her shoulders

2026 NY Slip Op 05751, at the official text