In Santos v. Taveras , the Appellate Division, First Department, considered whether Adelaida Santos's injury was "serious" -- as defined by section 5012(d) of the New York Insurance Law.
Although she hurt her lower-back in September 2004, and complained of a limited range of motion, the Bronx County Supreme Court was unconvinced that Santos's injury was "serious" in nature and granted Taveras's request to dismiss the case.
On appeal, the Appellate Division, First Department, concluded Taveras's proof established Santos had a normal range of motion of the cervical spine and any alleged limitation was "mild" and "self-imposed." Santos also failed to present any objective medical evidence which demonstrated an injury to her lumber spine. (Her MRI results and other documentation lacked probative value.)
According to the AD1, Santos failed to explain why she stopped her treatments and her sufficiently-healed scars weren't a form of "significant disfigurement" contemplated by New York law.
Some scars just never heal.
To download a copy of the Appellate Division's decision, please use this link: Santos v. Taveras