In the case of Fatine Bousfiha v. VW Credit Leasing LTD and Nicholas Catania, Richmond Civil Court Index Number TS-300007-20RI, MMG associate Nicholas DeMatte-Winston obtained a defense verdict at the conclusion of a summary jury trial. The jury dismissed the Plaintiff’s causes of action after determining that the Plaintiff did not sustain a significant limitation of a body function or system and did not sustain a permanent consequential limitation of use of a body member or organ as a result of a motor vehicle accident of February 7, 2016.
Article 51 of the New York Insurance Law provides that a plaintiff in a personal injury action arising out of negligence in the use or operation of a motor vehicle must establish that they have incurred a basic economic loss exceeding $50,000 or must establish that they have suffered “serious injury.” While plaintiff alleged memory loss, trouble concentrating and other cognitive problems, MMG Associate, Nicholas Dematte-Winston, proved to the jury how incredulous these claims were. Specifically, he offered evidence that the plaintiff passed law school, took and passed the NY Bar and became a licensed attorney following her claimed injuries. Mr. DeMatte-Winston further impeached the plaintiff's testimony by offering proof that her treatment was much shorter and much less involved than she claimed. Ultimately, he provided Plaintiff's medical records and successfully argued that the 23-year old’s alleged injuries of a lumbar strain, grade 1 retrolisthesis of L4, cervical sprain, and concussion did not meet the serious injury threshold.
MMG is proud to be a leader in insurance defense litigation in New York and New Jersey. The firm is committed to providing clients with experienced and well-prepared trial attorneys for defending against tortious and statutory claims, including causes of action for negligence in the operation of motor vehicles.