After Janice Seidenberg hit him with her car, Richard Semonian filed suit claiming he had sustained a serious injury.
When the Erie County Supreme Court awarded relief in Richard's favor, Janice appealed to the Appellate Division, Fourth Department, which didn't agree with the outcome.
The AD4 thought the record established that Richard suffered from a "degenerative disease," and questioned his sixteen-month gap in seeking medical treatment. (Of course, it didn't help the guy's case that during the relevant period he was employed, moonlighted as a security guard, and regularly exercised.)
Since he didn't suffer a "serious injury," as defined by state law, the AD4 dismissed the case.
That had to hurt.
To view a copy of the Appellate Division's decision, please use this link: Semonian v. Seidenberg