Ancil Griffiths decided to sue after sustaining injuries to his knee and spine. And when the Kings County Supreme Court refused to dismiss his case, the defendants appealed.
Because Ancil didn't suffer from a "significant limitation," as defined by state law (Insurance Law §5102 (d)), the Appellate Division, Second Department, reversed. While his injuries didn't have to be permanent, Ancil failed to show that he couldn't substantially perform his "customary daily activities" for at least 90 of the first 180 days after the accident.
That significantly limited him.
To view a copy of the Appellate Division's decision, please use this link: Griffiths v. Munoz