D. Reisler

The plaintiffs in a motor vehicle accident action sought an order that their upcoming trial proceed virtually due to the COVID-19 pandemic and a lack of available courtrooms for in-person civil trials.

The defendant opposed, arguing that credibility and demeanor required an in-person hearing.

The court ordered the trial to proceed virtually, finding that a further two-year delay to accommodate an in-person trial was not in the interests of justice and that credibility could be adequately assessed virtually.

The plaintiff was injured in a rear-end motor vehicle collision for which the defendant admitted liability.

The court found that the plaintiff sustained a permanent, serious impairment of an important physical, mental, or psychological function, specifically chronic pain and somatic symptom disorder.

The court awarded $100,000 in non-pecuniary general damages, $394,800.32 for future loss of income, $19,655.37 for out-of-pocket expenses, and various amounts for future care costs, while dismissing the claim for past loss of income.

The defendants brought motions for summary judgment to dismiss the plaintiffs' action, the third party actions, and all counterclaims and crossclaims arising from a 2007 motor vehicle accident.

The plaintiffs did not oppose the dismissal of their action.

A third party opposed the dismissal of her counterclaim and crossclaim for contribution and indemnity.

The court held that because the main action was being dismissed, the third party's claims for contribution and indemnity had no basis in law and could not survive.

The motions were granted and all claims were dismissed.