Judge Finds No Serious Injury and Dismisses Claim.
Ann Magnarelli Alexander, Esq., and Kristin L. Norfleet, Esq., moved for summary judgment on behalf of McLane Company seeking dismissal of plaintiff's complaint because of lack of serious injury. Plaintiff alleged he was entitled to recovery under several threshold categories because of vague complaints of neck pain and untreated post traumatic stress disorder. In support of the motion, Ann and Kristin relied upon the expert reports and affidavits of Dr. Daniel G. DiChristina (orthopedic surgeon) and Dr. Frances Gaines Haxton (psychiatrist) both of whom found little objective support for plaintiff's subjective complaints. In opposition to the motion, plaintiff relied on affidavits from Dr. Nasri Ghaly (psychiatrist) and Dr. Saad Sobhy (physical medicine).
After review of all of the evidence submitted, Hon. Brian DeJoseph, J.S.C., dismissed plaintiff's complaint for lack of serious injury and denied plaintiff's cross-motion to amend the complaint.Back