After a car accident, William Merchan sued to recover damages but had to prove he suffered a "serious injury," as defined by New York's Insurance Law.
Because they thought Merchan couldn't satisfy that standard, the defendants asked for the case's dismissal and appealed after the Bronx County Civil Court denied their request.
Since Merchan was involved in another collision and suffered similar injuries just a year after the first incident, the Appellate Term, First Department, thought Merchan was required to unequivocally establish the cause of his injuries. And because he wasn't able to do so, the AT1 dismissed his case.
Doubt he craves the law.
To view a copy of the Appellate Term's decision, please use this link: Ibanez v. Siby