In Richardson v. Town of Gaines (Supreme Court, Orleans County), Bouvier attorney George W. Collins, Jr. moved successfully for summary judgement against plaintiff’s claim on the issues of liability and failure to meet the serious injury threshold required by New York State Insurance Law.
The claim arose from an accident on March 30, 2014 when the Town snowplow struck a vehicle driven by the plaintiff as an intersection controlled by a stop sign for the snowplow only. Collins successfully argued to the Court that the defense submissions supported a finding that the drover of the snowplow did not act negligently or with reckless disregard to the safety of others and exercised reasonable care under the circumstanced. Without the use of an independent medical examination, Collins argued to the Court that the plaintiff had tested at her deposition that she back to work in approximately six weeks and that there were no activities that she could not perform, essentially relying on all of the plaintiff’s treatment records.
Index No.: 15-42536