Dumas v. Valley View House, Inc.

Mercure, J. P.

Cross appeals from a judgment of the Supreme Court (Torraca, J.), entered November 29, 1995 in Sullivan County, upon a verdict rendered in favor of plaintiff.

Plaintiff commenced this action to recover for whiplash-type injuries she allegedly sustained in a December 30, 1993 vehicular accident. The action proceeded to trial and on the issue of "serious injury” (see, Insurance Law § 5102 [d]), Supreme Court submitted for the jury’s consideration the questions of whether plaintiff sustained (A) a permanent loss of use of a body organ, member, function or system, (B) a permanent…