Bissonette v. Compo

In Bissonette v. Compo (307 AD2d 673 [2003]) plaintiff commenced a negligence action to recover damages for injuries allegedly sustained by her daughter and son when the vehicle in which they were riding struck a tree. Defendants, in moving for summary judgment, cited the daughter's medical records, which reported only minor physical injuries, as well as plaintiff's deposition testimony, unsupported by a report of a psychiatrist or psychologist, stating that her daughter became quieter and was not as outgoing as she had been prior to the accident. In granting summary judgment to the defendants, the court noted that the daughter's medical records "contain no examinations, diagnosis or treatment of any emotional or psychological conditions, and plaintiff does not allege that any medical expert has identified such an injury or causally linked it to the accident" (Id. at 674).