WAS ONISHI'S INJURY SERIOUS?

In Onishi v. N & B Taxi, Inc., Takahisa Onishi allegedly suffered a herniated disc when he was involved in an accident with N & B Taxi.

In order to have a "serious injury" pursuant to New York's Insurance Law, Onishi must have been "incapacitated from performing all of his usual and customary activities for at least 90 out of 180 days following the accident."

Onishi's testimony revealed he returned to work some eleven days after the injury occurred but was told by his doctor to avoid heavy lifting.

When the Bronx County Supreme Court denied N & B's request to dismiss the case, an appeal to the Appellate Division, Second Department, followed.

Interestingly, the AD2 reversed the outcome because the mere existence of a herniated disc -- unaccompanied by any evidence of limitations -- wasn't enough to comprise a "serious injury" as a matter of law.

Undeniably, serious injuries require serious proof!

For a copy of the Appellate Division's decision, please use this link: Onishi v. N & B Taxi, Inc.