The Buffalo News reported today that the Town of Amherst last Monday became the first Erie County municipality to pass a law that would prohibit drivers from composing, reading or sending a text message while behind the wheel. Violators face a $150 fine for each offense. It also reported that the Cattaraugus County Legislature passed a similar law in June. Niagara County and Erie County legislatures are expected to vote on similar proposed laws in the coming weeks.
Serious Injury Threshold Motion Does Not Necessarily Require Doctor’s Affirmation.
December 20, 2013
In Feggins v. Fagard, 52 AD 3d 1221 (4th Dept. 2008) the Court held that in response to a threshold motion plaintiff may rely on unsworn reports and uncertified medical records submitted by defendants or simply referenced in the submitted reports of defendant’s examining physicians.