The defense of auto liability cases has traditionally been a main stay of the
work performed by attorneys at Connors & Connors, P.C. Whether it is a case to
defend on liability, a case to defend on damages or a case to defend on both
issues, our attorneys are fully familiar with the arguments to be advanced in
the zealous defense of our clients.
Section 5102 of the Insurance Law of the State of New York defines a "serious
injury" and the threshold which must be met by the plaintiff in order to
succeed in proving his/her claim. When appropriate, we encourage our clients
to move to dismiss the plaintiff's complaint on the grounds that the plaintiff
did not sustain a serious injury as defined by Section 5102 of the Insurance
Law. It is our experience that both the trial and appellate courts are willing
to consider a properly made "threshold" motion.
On the issue of liability, it also has been our experience that courts are more
willing to entertain motions to dismiss, prior to the completion of discovery
when no proof can be submitted in opposition to a convincing affidavit on the
issue of liability. (i.e. rear end impacts and failure to observe a stop sign in
co-defendant cases).
On the issue of damages, we have recently become familiar with a group of expert
witnesses in which each individual is both a physician and an engineer. The
group's expertise is quite helpful in presenting a bio-mechanical defense to
various types of injuries on the issue of causation.
At Connors & Connors, P.C. our goal is to identify our client's likely exposure
and develop a strategy to mitigate same.