Jenkins v City of Utica

Holding The court affirmed summary judgment dismissing the complaint regarding permanent and significant limitation of use, finding that the plaintiff’s injuries were preexisting and unsupported by objective evidence. However, the court modified the order to reinstate the complaint regarding the 90/180-day category of serious injury because the defendants failed to meet their initial burden of proof on that specific category.

The court’s words

defendants failed to meet their initial burden with respect to the 90/180-day category of serious injury

2026 NY Slip Op 05872, at the official text

plaintiff's issues arose from preexisting degenerative disc disease and that there was no objective medical evidence

2026 NY Slip Op 05872, at the official text

defendants never referenced that category in their motion and did not address, in any way, whether plaintiff was curtailed

2026 NY Slip Op 05872, at the official text

the burden never shifted to plaintiff, and denial of the motion in [that] respect[ ] was required

2026 NY Slip Op 05872, at the official text