June 7, 2023 – M&H Wins Reversal And Reinstatement Of Complaint In Kings County MVA Action Alleging Post – Traumatic Stress Disorder And Post – Concussion Syndrome

In this action to recover damages for personal injuries sustained in a motor vehicle accident, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s award of summary judgment to the defendants and reinstated the complaint, holding that the defendants had failed to submit competent medical evidence establishing that the plaintiffs did not sustain a serious psychological or emotional injury under the permanent consequential limitation of use or significant limitation of use categories of Insurance Law 5102(d), despite it being alleged in the bill of particulars.

Salcedo v. MTA