Practice point: Plaintiff’s subjective claim of continuing pain and the inability to work for more than 90 days is not dispositive in claiming a 90/180 category serious injury.
Students should note that even where there is objective proof, the claim may fail if there is a preexisting condition.
Case: Rosa-Diaz v. Maria Auto Corp., NY Slip Op 08995 (1st Dept. 2010)
Here is the decision.
Tomorrow’s issue: Corporations
