The Fourth Department just, again, further restricted an injured victim’s right to trial by jury by dismissing a complaint where the treating surgeon stated under oath that the traumatic injury of a large disc herniation and resultant lumbar fusion and worsening of the victim’s pain symptoms were caused by the motor vehicle accident.  The standard conservative majority opined that the victim’s physician failed to qualitatively compare [measure] her limitations before and after this accident. & his conclusion that her condition was “worse” was conclusory!  The complaint was dismissed. Tyson v Nazrian, June 8, 2012.

This case appears to be totally contrary to the Court of Appeals decision just last year, Perl v Meher, 18 NY3d 208,  That case rejected any “rule that would make contemporaneous quantitative measurements a prerequisite to recovery.”  This point is mentioned by the dissent.