Pommells v. Perez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the “defendant presented evidence of a preexisting degenerative disc condition causing plaintiff’s alleged injuries” through a doctor’s physical examination of the plaintiff and review of prior medical records which shifted the burden to the plaintiff to rebut
• explaining that the underlying purpose of New York’s No-Fault Law is “to promote prompt resolution of vehicular injury claims while alleviating unnecessary burdens on the courts”
• affirming grant of summary judgment where a plaintiff provided no explanation for ending physical therapy six months after the accident
• granting summary judgment for defendants when, after defendant presented “persuasive evidence that plaintiff’s alleged pain and injuries were related to a preexisting condition, plaintiff [did not] come forward with evidence addressing defendant’s claimed lack of causation”
• “Plaintiff’s submission left wholly unanswered the question whether the claimed symptoms diagnosed by [his doctor] were caused by the accident.”
• summary judgment proper where “plaintiff failed to address the effect of his kidney disorder on his claimed accident injuries”

Source: CourtListener parenthetical corpus (CC0).