When Lawrence Akersola sued Argy & Nick Taxi, Inc. (ANTI) after a car accident, the company sought dismissal of the negligence case because Akersola didn't suffer a "serious injury," as defined by New York State law.
Even though ANTI submitted medical reports which showed that Akersola had "recovered from sprain and strain injuries," and that he actually suffered from a "preexisting degenerative condition," the Bronx County Civil Court refused to throw the case out.
Because Akersola failed to provide appropriate medical evidence that he couldn't perform "substantially all" of his "usual and customary daily activities for at least 90 days" after the accident, the Appellate Term, First Department, disagreed with the court below and ended the lawsuit.
Now that was severe.
To view a copy of the Appellate Term's decision, please use this link: Akersola v. Argy & Nick Taxi, Inc.