New York Appellate Division Reverses, Holding Biomechanical Expert Testimony on Causation Supports Summary Judgment Dismissing Motor Vehicle Injury Claim

The plaintiff alleged that he sustained a serious injury as the result of a motor vehicle accident. The plaintiff moved for summary judgment on the issue of liability, and the defendants filed a cross-motion for summary judgment. 

In support of their cross-motion, the defendants offered the expert testimony of a biomechanical expert, who rendered an opinion on causation and submitted the affidavit of another expert who also opined that the plaintiff’s injuries were not caused by the accident. 

Upon reviewing the record and citing substantive state case law, the Supreme Court of New York, Appellate Division, highlighted that, contrary to the lower court’s determination, biomechanical experts are qualified to render opinions on causation. The appellate court concluded that because the defendants’ expert witnesses laid a sufficient foundation for their opinions on causation, the defendants met their prima facie burden of establishing that the plaintiff did not sustain a serious injury as a result of the accident and that the defendants’ cross-motion should have been granted.

Therefore, the appellate court reversed a lower court’s decision, thereby denying the plaintiff’s motion for summary judgement on the issue of liability and granting the defendants’ cross-motion for summary judgment, dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of the relevant insurance law as a result of the accident. 

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