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.
