ROJAS v. LIVO CAR INC.

4160, 302941/07.

85 A.D.3d 652 (2011)

925 N.Y.S.2d 508

2011 NY Slip Op 5553

RICHARD ROJAS, Respondent, v. LIVO CAR INC. et al., Appellants.

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

Decided June 28, 2011.


On March 28, 2007, plaintiff, who was 32 years old at the time, was injured when a vehicle struck him while he was walking and knocked him to the ground. Plaintiff sustained a short-term loss of consciousness. The impact caused plaintiff to lose his glasses and shoes.

The motion court was correct to conclude that the conflicting medical testimony created a question of fact as to serious injury. Defendants submitted reports from several doctors who found,

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