New York motorists injured by the negligence of another motorist have a constitutional right to a jury trial—but only if there is a “serious injury.” Compare N.Y. Const. art. I, §2 with Montgomery v. Daniels, 38 N.Y.2d 41, 66-67 (1975). That is the tradeoff of our no-fault insurance regime: Prompt payment regardless of fault for “basic economic loss,” such as lost wages and medical expenses, in exchange for a limited right to recover in tort for pain and suffering. See generally Hezekiah v. Williams, 81 A.D.2d 261, 264-265 (2d Dep’t 1981).
The Legislature has prescribed a “serious injury” threshold that has confounded some courts. See, e.g., Brown v. Achy, 9 A.D.3d 30, 31 (1st Dep’t 2004) (“elusive standard” whose application is a “sometimes frustrating task”). That threshold can be decided on papers “as a matter of law.” Licari v. Elliott, 57 N.Y.2d 230, 237-38 (1982).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
