Case Analysis : V. J. Foster Phillips Funeral Home, Inc. 2014 Ny Slip Op 50436

1274 Words6 Pages
Greer Lukens
Case Brief #1
BUS251 SC01 12:15 – 13:30
S. Conroy
10 April, 2015

Mobley v. J. Foster Phillips Funeral Home, Inc.
2015 NY slip Op 50436(U)

History: Plaintiff’s and Defendant’s were involved in an automobile accident that occurred on 3 November, 2010. Whereby, the Plaintiff’s are suing for personal injury as a result of injuries sustained or allegedly sustained during subject accident. The NY Supreme Court, Queens County decided the case and no lower courts authored any opinion.

FACTS:
1. Plaintiff’s, J. Mobley, A. Watson, Michelle Watson, A. Watson jr, O. Watson, by their mother and natural guardian, Michelle Watson.
2. J. Foster Phillips Funeral Home, Inc., J. Leary, R. Record, M. Grenald, Defendants
3. Plaintiffs and Defendant’s do not dispute involvement in an automobile accident that occurred on November 3, 2010.
4. Damages sought for personal injury as a result of automobile accident for all Plaintiffs
5. Motion filed by Defendants J. Foster Phillips Funeral Home, Inc., and J. Leary to dismiss complaint of Plaintiff’s.
6. Cross Motion filed by Defendants R. Record and M. Grenald to dismiss complaint of Plaintiff’s.
7. Cross Motion filed by Plaintiffs for an order to strike Defendants’ answer for failure to exchange IME’s report within (30) days

ISSUE:
1. Did the Plaintiff’s sustain “serious injury” to maintain an action of personal injury?
2. Did the Defendants provide evidentiary proof in admissible form to shift the burden of

    More about Case Analysis : V. J. Foster Phillips Funeral Home, Inc. 2014 Ny Slip Op 50436

      Get Access