Aiello v. Wenke

OPINION OF THE COURT

Edward M. Horey, J.

The issues arising in an automobile negligence case were submitted to the jury by way of a special verdict following a three-day trial at a term of Supreme Court, Cattaraugus County, on February 18, 1983.

The findings of five sixths of the jury were that the plaintiff, William Aiello, did sustain a serious injury within the meaning of section 673 of the Insurance Law on two separate counts, viz., a significant limitation of use of a bodily function and disability for at least 90 out of the 180 days immediately following the injury. Juror number 6…