In Almeida v. Ben Gor Taxi, the plaintiff Gastao Almeida, age 72, sought compensation for personal injuries sustained when the taxicab owned by Ben Gor Taxi struck the plaintiff’s vehicle in the rear. According to the plaintiff’s testimony, their injuries were to the extent that the accident resulted in considerable back pain and the significant limitation of the range of motion of the plaintiff’s left shoulder.

The defendant moved to summarily dismiss the plaintiff’s claim on the grounds that the plaintiff did not sustain a serious injury as defined by Insurance Law 5102(d). To fulfill its obligation to provide evidence regarding the non-serious nature of the plaintiff’s injuries, the defense submitted affidavits and affirmations of medical experts who examined the plaintiff and found no objective medical proof that linked the plaintiff’s injuries to the accident. The defendant submitted medical reports from their consultants, Dr. Montalbano and Dr. Lang, who opined that the defendant’s injuries predated the accident, and were old and could be attributed to preexisting medical conditions. The burden of proof shifted to the plaintiff to provide evidence that addressed the defendants’ claimed misattribution of the cause of sustained injuries. To refute the medical findings of the defendant’s experts, the medical reports of six doctors were submitted, all of whom had examined the plaintiff, performed the relevant medical tests and concluded that the plaintiff’s injuries were a direct consequence of the accident. 

The plaintiff fulfilled their responsibility of providing corroborating evidence to support causality between the accident and the sustained injuries. The court found that the plaintiff raised relevant facts to refute the findings of the defendant’s experts. It was proven that the plaintiff had indeed sustained permanent limitation in the range of motion of their shoulder, thereby permanently impairing its function, and had suffered irreparable back injuries following the accident that disabled the plaintiff from performing their customary activities for more than ninety days during the one hundred and eighty day period following the occurrence of the injury.

If you have been injured in an accident with a taxi or another motor vehicle, then you should contact the law office of Jayson Lutzky. Mr. Lutzky is a highly experienced accident personal injury. Over the past 31 years, he has obtained millions of dollars for his clients. Mr. Lutzky offers free in-office consultations at his Bronx, New York office. If you have been seriously injured, then home and hospital consultations are also available. Call 718-514-6619 to set up an appointment today. Visit to learn more about the attorney.