Toure v. Avis Rent a Car Systems, Inc.
- Decided
- July 9, 2002
- Status
- Published
- Jurisdiction
- New York
Cited 2,962 timesNo negative treatment found in this library
What later courts said
- holding that MRI tests showing injury and muscle spasms support finding of serious injury under New York law — Bass v. Hout (2019)
- “[A] plaintiff must present objective evidence of a medically determined injury or impairment of a non-permanent nature[J” — Sanchez v. TRAVELERS COMPANIES, INC. (2009)
- “[W]e have required objective proof of a plaintiffs injury in order to satisfy the statutory serious injury threshold; subjective complaints alone are not sufficient.” (citations omitted) — Williams v. United States (2015)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT Graffeo, J.
These three cases examine the nature and extent of qualitative, objective medical proof necessary for a plaintiff to meet the “serious injury” threshold under the No-Fault Law. We conclude that plaintiffs Toure and Manzano have satisfied their burden under Insurance Law § 5102 (d), [1] but plaintiff Nitti has not.
This Court has long recognized that the “legislative intent underlying the No-Fault Law was to weed out frivolous claims and limit recovery to significant injuries” (Dufel v Green, 84 NY2d 795, 798 [1995]; see also Licari v Elliott, 57 NY2d 230, 234-235 [1982]). As such, we have required objective proof of a plaintiffs injury in order to satisfy the statutory serious injury threshold (see e.g. Dufel, 84 NY2d at 798;
Cite this
Toure v. Avis Rent a Car Systems, Inc., 774 N.E.2d 1197 (2002)Read the full opinion
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