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ROSARIO v. CHICO CAR INC.

Nos. 7638, 350192/09.

95 A.D.3d 607 (2012)

944 N.Y.S.2d 110

2012 NY Slip Op 3765

BRADY ROSARIO, an Infant, by His Father and Natural Guardian, YONEEVY ROSARIO, Appellant, v. CHICO CAR INC. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 15, 2012.

Defendants established prima facie their entitlement to judgment as a matter of law. Although two of defendants' experts found significant limitations in the range of motion of plaintiff's lumbar spine, defendants nevertheless established that plaintiff's alleged injury was not caused by the accident (see Spencer v Golden Eagle, Inc., 82 A.D.3d 589 [2011]). Defendants' radiologist viewed the MRI image of plaintiff's lumbar spine...

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