We live in interesting times. Challenging times is perhaps more accurate. However characterized, so much is happening that one might think that personal injury cases have taken a back-burner to other more urgent concerns. To the contrary, since the pandemic began, numerous important, significant, and just plain interesting personal injury cases have been decided. What follows is an admittedly subjective compendium from a recent Court of Claims appointee of some of the most interesting personal injury cases in 2020 and 2021.

Toll vs. Suspension

There are key differences with very real practical implications flowing from the difference between a toll and a suspension. A toll stops the running of the limitations period until the toll is lifted, at which time number of days tolled is added to the amount of time that remains in the limitations period. On the other hand, a suspension allows a "grace period" after the suspension period ends, resulting in a shorter amount of time to accomplish the statutorily mandated task.

On March 20, 2020, then Governor Andrew Cuomo issued Executive Order 202.8, which, inter alia, "tolled" certain civil practice requirements. Specifically, Executive Order 202.8 provided that "any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to … the civil practice law and rules … or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this executive order until April 19, 2020." Executive Order 202.8 was extended through various further Executive Orders, the latest being Executive Order No. 202.72 (9 NYCRR 8.202.72), issued on Nov. 3, 2020, which stated that the "toll" would no longer be in effect as of Nov. 4, 2020.