The case of Linton v. Nawaz serves to illustrate the convoluted and conflicted nature of personal injury cases involving taxicab accidents. In the case, John R. Linton, a pedestrian, was struck by a taxicab operated by Muhammad Nawaz, the defendant. Following the impact, the taxi jumped the curb and pushed the plaintiffâ€™s body into a mailbox, causing them to bleed profusely from the right ankle and knee.
Personal injury cases involving motor vehicle accidents require that any form of physical injury sustained qualify as a serious injury under New York State Insurance Law 5102(d). According to New York State Insurance Law, by â€œserious injuryâ€ is meant the significant limitation of the use of a bodily function or system, or a medically determined injury which prevents the plaintiff from performing the customary actions that constitute their normal routine for not less than ninety days in the one hundred and eighty day period following the occurrence of the injury. Moreover, it is required that a causal connection be established between the accident and the sustained injuries through the utilization of medical experts.Â
The defendant moved to dismiss the claims of the plaintiff on the basis that the plaintiffâ€™s injuries did not qualify as serious injuries. Moreover, the medical reports and affidavits submitted by the defense evidenced that the injuries to the right leg sustained by the plaintiff predated the accident and could not be linked to the trauma sustained from the accident. The burden of proof therefore shifted to the plaintiff to produce a link between the accident and sustained injuries. According to the medical examination of the plaintiffâ€™s therapist, John Lintonâ€™s chances of full recovery were â€œguardedâ€ and he was â€œfunctionally impaired.â€ Moreover, the plaintiff missed three-and-a-half months of work and therefore could not perform his customary activities for more than ninety days. However, the plaintiffâ€™s medical consultants could not produce the necessary medical evidence required to prove that the plaintiffâ€™s injuries were directly caused by the accident and were not related to or triggered by a pre-existing medical condition.
The evidence put forth by the defense was not addressed by the plaintiff, as a result, the motion for a summary judgment to dismiss the plaintiffâ€™s claim was granted.Â
If you have been injured in an accident with a taxi or another motor vehicle, then you should contact the law office of Jayson Lutzky. Mr. Lutzky is a highly experienced accident personal injury. Over the past 31 years, he has obtained millions of dollars for his clients. Mr. Lutzky offers free in-office consultations at his Bronx, New York office. If you have been seriously injured, then home and hospital consultations are also available. Call 718-329-9500 to set up an appointment today. Visit www.MyNewYorkCityLawyer.com to learn more about the attorney.