Satterfield v. Maldonado, s. 14 Civ. 0627(JCF)

127 F.Supp.3d 177

Kenneth SATTERFIELD, Plaintiff,

v.Jesus M. MALDONADO and Linden Yellow Cab Inc., Defendants.

Paul Vaneden, Plaintiff,

v.Linden Yellow Cab, Inc., Jesus M. Maldonado, Estate of Elma Satterfield, and Kenneth Satterfield, Defendants.

Nos. 14 Civ. 0627(JCF)

14 Civ. 3374(JCF).

United States District Court, S.D. New York.

Signed Aug. 31, 2015.

Nicholas E. Warywoda, Parker Waichman LLP, Port Washington, NY, Neil Richard Kafko, Karyn D. Jefferson, LLC, Bloomfield, NJ, for Plaintiff.

Eugene T. Boule, Wilson Elser Moskowitz Edelman & Dicker LLP, Albany, NY, Lindsay Jill Kalick, Wilson Elser, Moskowitz Edelman & Dicker LLP, White Plains, NY, for Defendants.

MEMORANDUM AND ORDER

JAMES C. FRANCIS IV, United States Magistrate Judge.

This is a personal injury action arising out of a motor vehicle accident and is before this Court on the basis of diversity jurisdiction. Defendants Jesus M. Maldonado and Linden Yellow Cab, Inc. (the "Linden defendants") now move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and seek dismissal of plaintiff Paul Vaneden's¹ complaint with prejudice, on the grounds that Mr. Vaneden failed to sustain a "serious injury" as required by New York's Comprehensive Motor Vehicle Insurance Reparations Act, N.Y. Ins. Law §§ 5101 et seq. (the "No–Fault Law"). Kenneth Satterfield has cross-moved for summary judgment against the plaintiff on the same grounds. The parties have consented to my jurisdiction for all purposes in accordance with 28 U.S.C. § 636(c). For the reasons that follow, the motions are granted.

Background

A. Facts

On March 1, 2012, Mr. Vaneden was a passenger in the front seat of Mr. Satterfield's vehicle when an accident occurred at around 8 p.m. (Deposition of Paul Vaneden dated Jan. 9, 2015 ("Vaneden Dep."), attached as Exh. S to Declaration of Lindsay J. Kalick dated June 15, 2015 ("Kalick Decl."), at 5, 21–22).² Mr. Vaneden and Mr. Satterfield were traveling north on Randall Avenue in the Bronx when a yellow cab hit the front driver's side of their vehicle. (Vaneden Dep. at 28, 37–38). The plaintiff alleges that Mr. Maldonado was driving the cab in question with the knowledge and consent of Linden Yellow Cab, Inc., the owner of the vehicle. (Amended Verified Complaint ("Am. Compl."), ¶¶ 8–10). Mr. Vaneden's claim of having sustained a serious injury appears to revolve around continuing pain in his right knee, neck, and back, which "occur[s] most of the time," and related injuries, which he has been advised "are permanent in nature." (Affidavit of Paul Vaneden dated July 10, 2015 ("Vaneden Aff."), attached as Exh. I to Declaration of Neil R. Kafko dated July 14, 2015 ("Kafko Decl."), at 2).

Mr. Vaneden testified in his deposition that after impact with the cab, his right leg "kind of twisted and hit the dashboard or the glove compartment" of Mr. Satterfield's vehicle and that he was "shaken up" but "semi-conscious." (Vaneden Dep. at 39). Both he and Mr. Satterfield were removed from the car by onlookers, after which an ambulance and the police arrived at the scene of the accident. (Vaneden Dep. at 40, 49). Mr. Vaneden told the paramedics that he "felt pain in his right knee, neck and back." (Defendants' Local Rule 56.1 Statement of Undisputed Fact ("Def. 56.1"), ¶ 3). He was given a neck brace, placed on a stretcher, and taken by ambulance to Jacobi Hospital, where he received a CAT scan of his head. (Vaneden Aff. at 1; Def. 56.1, ¶ 3; Report of Gerald F. Gaughan, M.D., dated June 17, 2015 ("Gaughan 6/17/15 Report"), attached as part of Exh. E to Kafko Decl., at 1). He was released later that evening. (Def. 56.1, ¶ 3).

Although Mr. Vaneden was unsure of the next time he sought medical treatment following the accident, records indicate that he began a course of physical therapy in March or April of 2012. (Plaintiff's Response to Defendants' Local Rule 56.1 Statement of Undisputed Facts ("Pl. 56.1"), ¶ 4; Gaughan 6/17/15 Report at 1). The plaintiff continued physical therapy with Dr. Gerald Gaughan for a number of months; he testified that he did so for "about a year or so" but the records submitted indicate that his last appointment was in October 2012. (Vaneden Dep. at 58–59, 73–74; Pl. 56.1, ¶ 5; Followup Evaluation of Paul Vaneden dated October 18, 2012 ("Gaughan 10/18/12 Report"), attached as part of Exh. E to Kafko Decl., at 4). His treatment included massage, range of motion exercises, electrical stimulation, and chiropractic treatment for his right knee, neck, and back. (Vaneden Dep. at 59; Pl. 56.1, ¶ 5). Mr. Vaneden had magnetic resonance imaging ("MRI") of his right knee and lumbar spine in August 2012, which found, among other things, tears above the medial and lateral meniscus of his right knee. (Affirmed MRI Report of Narayan Paruchuri, M.D. ("Paruchuri MRI Report"), attached as Exh. F to Kafko Decl., at 3; Affirmed MRI Report of Ronald Wagner, M.D. ("Wagner MRI Report"), attached as Exh. G to Kafko Decl.).

In March 2014, Chris Moros, D.O., performed right knee arthroscopic surgery on Mr. Vaneden. (Pl. 56.1, ¶ 6; Affirmed Reports of Chris Moros, D.O. ("Moros Report"), attached as Exh. H to Kafko Decl., at 2). The plaintiff was discharged after the surgery, but subsequently used a cane for a few weeks and then transitioned to using a brace, which he continues to wear approximately twice per month. (Vaneden Dep. at 66–68). Following the surgery, Mr. Vaneden saw Dr. Moros for physical therapy and continues to see him for monthly evaluations. (Moros Report at 2; Vaneden Dep. at 68). He also received a corticosteroid injection in his right knee in May 2014 for post-operative discomfort and persistent pain. (Moros Report at 2). Dr. Moros told the plaintiff that an MRI performed after the surgery "did not find any further tearing or problems in his right knee." (Def. 56.1, ¶ 8). As of July 14th, the plaintiff had not attended physical therapy for his right knee in 2015. (Pl. 56.1, ¶ 9).

In June 2014, Mr. Vaneden began experiencing pain in his left knee, where he had undergone anterior cruciate ligament ("ACL") surgery in 2007. (Moros Report at 2; Vaneden Dep. at 12–13). After an MRI of the plaintiff's left knee in October 2014, Dr. Moros told him that the knee was "torn," which often happens a number of years after ACL surgery. (Vaneden Dep. at 70–71; Pl. 56.1, ¶ 7). Mr. Vaneden elected to not have another surgical procedure and was prescribed continued physical therapy and bracing. (Moros Report at 2; Vaneden Dep. at 70–71). He continues to experience periodic "stabbing pain" in his right knee and pain in his neck and lower back, for which he takes Vicodin.³ (Vaneden Dep. at 76–77, 79–80).

The plaintiff testified that in an automobile accident in 2007, he injured his back and left knee, and required ACL surgery as a result. (Vaneden Dep. at 12–13, 16). In 2012, he was involved in an altercation with the police, during which he "was thrown on the floor and kind of roughed up and stepped on in [his] stomach area." (Vaneden Dep. at 78; Def. 56.1, ¶ 12). Mr. Vaneden was also involved in a motor vehicle accident in March 2013, in which he rear-ended another car. (Vaneden Dep. at 90). During the two years that elapsed between the subject accident and Mr. Vaneden's surgery, he testified that he was looking for a surgeon who would accept Medicaid insurance coverage for the procedure, as his no-fault insurance benefits terminated at some point in 2012 or 2013. (Memorandum of Law in Opposition to Linden Defendants' Motion and Satterfield Defendants' Cross–Motion for Summary Judgment Against Vaneden Pursuant to FRCP 56 ("Pl. Opp. Memo.") at 2, 13; Vaneden Dep. at 62–63; Vaneden Aff. at 1).

Mr. Vaneden is 53 years old. He was not working at the time of the March 2012 accident and has not been employed since. (Vaneden Dep. at 8–9). Before the accident, his daily routine consisted of "[n]othing really," and he spent most of his time at home or visiting a friend. (Vaneden Dep. at 91–92; Pl. 56.1, ¶ 10). The plaintiff testified that because of the injuries he sustained in the 2012 accident, he can no longer run, play basketball, enjoy dancing, or "walk for too long." (Vaneden Dep. at 86, 88–89). He also "walk[s] with a limp"; he stated that the accident has "made [his] life incredibly more difficult." (Vaneden Aff. at 2).

B. Medical Reports

1. Ronald P. Grelsamer, M.D.

The Linden defendants' expert orthopedic surgeon, Dr. Grelsamer, conducted a review of Mr. Vaneden's medical records and examined him with respect to his right knee in January 2015. (Def. 56.1, ¶ 13; Affirmed Letter of Ronald Grelsamer, M.D., dated Jan. 28, 2015 ("Grelsamer Report"), attached as part of Exh. T to Kalick Decl., at 1, 4; Affirmed Addendum by Ronald Grelsamer, M.D., dated March 9, 2015 ("Grelsamer Addendum"), attached as part of Exh. T to Kalick Decl., at 1). Dr. Grelsamer conducted range of motion tests with a protractor on the plaintiff's knees and found a range of "10 to 110 degrees on the right versus 0 to 115 degrees on the left"; he noted that a normal range is 0 to 130 degrees or more. (Grelsamer Report at 4). Upon examination, Mr. Vaneden demonstrated a "negative Ober sign on the left and a moderately positive Ober sign on the right, indicating a tight ilio-tibial band." (Grelsamer Report at 4). He was tender around the knee at the joint line and had "nonspecific pain with meniscal maneuvers." (Grelsamer Report at 4–5). The knee was stable to varus and valgus tests and there was no effusion, increased redness or masses, no skin sensitivity, and no atrophy as measured ten centimeters above the patella. (Grelsamer Report at 4–5). During the examination, the plaintiff described pain "at the medial aspect" of his right knee that was brought on by walking for 15 minutes or bending; he did not cite any issues with his left knee. (Grelsamer Report at 4). He displayed no acute distress while sitting, standing, and walking, but had a "careful gait." (Grelsamer Report at 4).

Dr. Grelsamer...