Believing that Anthony & Deborah Fanti hadn't suffered a "serious injury" (as defined by New York State law) Ryan & Stacy McLaren asked that the Fantis' personal-injury case be dismissed.
Because the "aggravation of an asymptomatic condition" fell within the law's ambit, both the Erie County Supreme Court and the Appellate Division, Fourth Department, thought the case should proceed to trial. (But since the Fantis "abandoned" the "permanent loss of use" component of their claim, that part of their case was thrown out.)
Now how aggravating was that?
To view a copy of the Appellate Division's decision, please use this link: Fanti v. McLaren