David Metzger Obtains Summary Dismissal in Federal Court Action on behalf of Commercial Transportation Defendant based on Plaintiff’s Failure to Meet Threshold of “Serious Injury” under New York Law

Senior Counsel David Metzger obtained summary dismissal in a commercial transportation accident case pending in the Southern District of New York. Despite the plaintiff’s having undergone a surgical procedure to repair alleged injury to the ankle, the court agreed that the plaintiff had failed to meet the serious injury “threshold” under New York Insurance Law. David successfully persuaded the court to exclude the plaintiff’s physician’s affirmation submitted in opposition to the motion, arguing that the doctor was in fact an “expert” for which federal expert disclosure was not previously exchanged.


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