While a passenger in the Woodruffs' car, Carmine Pezzino II suffered injuries to his right shoulder and rotator cuff. (He also claimed that the injuries cost him his job as a pizza chef.)
After the Chenango County Supreme Court granted the defendants' request to dismiss the case, Pezzino appealed to the Appellate Division, Third Department.
While it found that parts of the case could be dismissed because Pezzino hadn't demonstrated a "total loss of use," or a "significant" or "permanent consequential limitation," since some of the defendants' evidence was based on "mere speculation," the appellate panel didn't think that the case should be tossed in its entirety.
How would you have sliced that?
To view a copy of the Appellate Division's decision, please use the following link: Pezzino v. Woodruff