Legal Opinion
Oberly v. Bangs Ambulance, Inc.
New York Court of Appeals
Decided May 3, 2001PublishedCited by 105 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The No-Fault Law provides a plan for compensating victims of automobile accidents for their economic losses without regard to fault or negligence. An injured party may bring a plenary action in tort, however, to recover for non-economic loss, pain and suffering, but must show that he or she has suffered a serious injury within the meaning of the No-Fault Law. The issue before this Court is whether a party bringing a claim under the no-fault serious injury category of “permanent loss of use of a body organ, member, function or system” is required to prove that the…
2Cases cited4 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Montgomery v. DanielsNew York Court of Appeals · 1975
- New York Life Insurance v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1981
- Metropolitan Life Insurance v. State Tax CommissionNew York Court of Appeals · 1981
3Cited by105 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- John v. EngelAppellate Division of the Supreme Court of the State of New York · 2003
- Trotter v. HartAppellate Division of the Supreme Court of the State of New York · 2001
- Vasquez v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2013
- Evans v. United StatesDistrict Court, E.D. New York · 2013
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