Key Takeaway
Court dismisses no-fault case after plaintiff completed marathon post-accident, demonstrating no significant permanent injury to ankles or knees.
In New York’s no-fault insurance system, injured parties must meet specific statutory thresholds to pursue claims beyond basic economic benefits. One critical threshold involves proving “significant limitation of use” or “permanent consequential limitation” of a body function or system. The challenge lies in demonstrating these limitations when a plaintiff’s post-accident activities suggest otherwise.
A recent First Department case illustrates how a plaintiff’s own actions can undermine their injury claims. When someone returns to demanding physical activities like marathon running after an accident, it raises serious questions about the severity and permanence of their alleged injuries. This case demonstrates the importance of understanding how New York No-Fault Insurance Law evaluates injury claims and the evidence that can make or break a case.
Jason Tenenbaum’s Analysis:
Heywood v New York City Tr. Auth, 2018 NY Slip Op 06318 (1st Dept. 2018)
“Plaintiff’s own deposition testimony showed that she had resumed running within months after the accident and completed a marathon years later, indicating an absence of any significant or permanent injury to her ankles or knees ”
(1) the running after the accident knocked out the “signification limitation”; and
(2) the marathon years later knocked out the “permanent consequential” injury
The Court later said that the full range of motion knocked out the case. This case goes to show how ADL’s (even if there was diminished ROM) could cause a staturoty threshold case to sail away into the sunset.
Key Takeaway
This case underscores a fundamental principle in no-fault litigation: a plaintiff’s activities of daily living (ADLs) can be determinative in threshold cases. Even when medical evidence shows some range of motion limitations, completing physically demanding activities like marathons can fatally undermine claims of significant or permanent injury limitations.
Related Articles
Common Questions
Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
