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Loftus Successful on Serious Injury Threshold Motion


February 2016 — On February 17, 2016, Kevin Loftus successfully argued a motion for summary judgment on the serious injury threshold. The motion was argued before the Honorable Mark Montour in Niagara County. The court ruled that Mr. Loftus had met his initial burden on summary judgment by establishing that the plaintiff did not sustain a qualified serious injury under Insurance Law §5104. Mr. Loftus was able to sustain that initial burden by submitting the plaintiff's own medical records, her deposition transcript, and an independent medical examination report. In response to the defendant's motion, the plaintiff failed to raise an issue of fact. The court granted Mr. Loftus's motion in all respects and dismissed the plaintiff's complaint in its entirety.

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