Attorney Sherri A. Jayson, of Gallo Vitucci Klar LLP, achieved a lawsuit dismissal in the Appellate Division, Second Department of Kings County court.
The case involved a pedestrian accident in which the plaintiff was pursuing damages for an alleged muscle tear and impingement in the left shoulder. The plaintiff had surgery on her injured shoulder.
Attorney Jayson filed a summary judgment motion with the trial court. The motion was based on her argument that the plaintiff’s injuries could not be attributed to the pedestrian accident. Additionally, the definition of “serious injuries” that is outlined in New York state law did not include the plaintiff’s alleged injuries, she argued.
Attorney Jayson’s summary judgment argument was initially denied. The trial court claimed that the defendant’s legal team failed to provide a “prima facie case of entitlement,” based on allegations that the defendants did not provide certified copies of the plaintiff’s medical records in their motion for summary judgment. “Prima facie” is a legal term that defines evidence that is sufficient in establishing a case unless proven otherwise.
Attorney Jayson appealed the denial based on the argument that certified records are not necessary in a prima facie case of entitlement to summary judgment.
The Appellate Division of the court accepted Attorney Jayson’s appeal and dismissed the lawsuit. They agreed with Attorney Jayson’s argument concerning the prima facie case, as well as her assertions about discrepancies between the plaintiff’s case and their presented evidence.
Gallo Vitucci Klar LLP is a member of Themis Advocates Group. The firm is a New York and New Jersey based practice that provides civil defense litigation services in multiple practice areas, including professional liability, restaurant and innkeeper liability, construction defects, and many more.
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