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.