Perpall et al v. Wheeler et al
| Barbara Ann Perpall and Paul U. Perpall |
| William Stilphen and Richard A. Wheeler |
| 1:2012cv00336 |
| January 24, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G. Garaufis |
| Roanne L. Mann |
| Motor Vehicle |
| 28:1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
105
ORDER: For the reasons stated in the attached, the parties' motions [97,100] are denied and Plaintiffs will not be permitted to add a claim of negligent entrustment against Defendant Stilphen. The parties shall submit their proposed stipulation and Second Amended Joint Pretrial Order by June 22, 2018. The Court shall hold a pre-trial conference on July 10, 2018 at 2:00 p.m. Ordered by Judge Pamela K. Chen on 5/25/2018. (Hess, Alexandra)
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Filing
84
ORDER granting in part and denying in part 82 Motion for Discovery. Plaintiff must be produced for a further deposition, on a mutually convenient date no later than May 26, 2017, to be examined about the facts surrounding the two falls and the co nsequences thereof. Defendants may, by June 19, 2017, serve a supplemental report from their expert opining on the significance of these falls vis-a-vis plaintiff's injuries. However, as defendants have not provided any evidentiary submission regarding the expert's need for a further independent medical examination, that aspect of defendants' motion is denied without prejudice. See attached for further discussion. Ordered by Chief Mag. Judge Roanne L. Mann on 5/11/2017. (Proujansky, Josh)
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Filing
77
ORDER granting in part and denying in part 73 Motion for Summary Judgment: For the reasons stated in the attached Memorandum & Order, Defendants' motion for summary judgment is GRANTED with respect to Plaintiffs claims based on injuries to Pe rpall's shoulders and neck, and her claims of serious injury under the categories of fracture, 90/180 category, and significant disfigurement, but DENIED as to Plaintiffs' claims based on Perpall's back injuries. Furthermore, in order to recover non-economic damages, Perpall must show that any back injuries she suffered were "serious" and qualify as "permanent consequential limitation" or "significant limitations" as defined under New York Insurance Law. The parties shall file an Amended Joint Pretrial Order by May 11, 2017. Ordered by Judge Pamela K. Chen on 3/27/2017. (Lee, Helen)
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