New York Court of Appeals
Richard Oberly, Appellants v. Bangs Ambulance, Inc., Respondent
May 3, 200196 N.Y.2d 295
Summary
The New York Court of Appeals held that under the No-Fault Law, the "permanent loss of use" serious injury category requires a total loss of use, not a partial loss. Accordingly, the Court affirmed the Appellate Division's dismissal of the plaintiffs' negligence claim for lack of a serious injury.