Shehata v. Koruthu
The Appellate Division, Second Department, affirmed a judgment dismissing a personal injury complaint filed by Adel Shehata against Jose Koruthu. A jury had previously found that Shehata did not sustain a "serious injury" under Insurance Law § 5102 (d) following a motor vehicle accident. Shehata appealed, arguing that a new trial was warranted due to improper references to a workers' compensation claim during trial and summation, and that the Supreme Court erred in denying his motion to strike the defendant's expert testimony. The appellate court concluded that any prejudice from the workers' compensation comments was cured by the Supreme Court's instructions and that the jury's verdict was based on a fair interpretation of the evidence, including conflicting expert testimonies.