HURTTE v. BUDGET ROADSIDE CARE


54 A.D.3d 362 (2008)

861 N.Y.S.2d 949

MICHAEL HURTTE, Respondent, et al., Plaintiffs, v. BUDGET ROADSIDE CARE et al., Defendants, and NEVILLE THOMPSON, Appellant.

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

August 12, 2008.


The appellant failed to meet his prima facie burden of showing that the plaintiff Michael Hurtte did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident. The medical report of the appellant's examining orthopedist, Dr. Philip G. Taylor, noted findings of significant range-of-motion limitations (see Jenkins v Miled Hacking Corp., 43 A.D.3d 393 [2007]; Bentivegna v...

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