Prior Decisions/Cases of Note

AAA Case No. 17-19-1118-9608

Spine In Motion Chiropractic, P.C. / J.C.R v. Ameriprise Ins. Co.

Matthew J. Smith successfully argued that the applicant was barred from re-litigating the issue of the Assignor’s Examination Under Oath no show where prior arbitrations with the same applicant for the same claim were previously argued in the prior hearing. Arbitrator agreed that the doctrine applied and that the Applicant should not be afforded a second bite of the apple.

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AAA Case No. 17-19-1118-9608

Spine In Motion Chiropractic, P.C. / J.C.R v. Ameriprise Ins. Co.

Matthew J. Smith successfully argued that the applicant was barred from re-litigating the issue of the Assignor’s Examination Under Oath no show where prior arbitrations with the same applicant for the same claim were previously argued in the prior hearing. Arbitrator agreed that the doctrine applied and that the Applicant should not be afforded a second bite of the apple.

 

 

Watson v. Picone 151086/2017 Supreme Court, County of Richmond

Defendant’s Motion for Summary Judgment successful where Defendant’s medical experts, through proper admissible form, found that the injuries complained of were pre-existing degenerative changes which did not meet the serious injury threshold. The Defendants also relied upon prior loss and treatment records to demonstrate the long-standing issues. The Court, in shifting the burden back to Plaintiff, found that the records Plaintiff relied upon were not in admissible form, and that even if they were, the records fell short of demonstrating that the injuries were causally related or fell under a “serious injury” as contemplated by New York State Insurance Law §5102(d).