NY Top Court Reshapes Auto Accident Law - NY Personal Injury Blog

Eric Turkewitz reports on Perl v. Meher.  Go to his full post for background and significance. The Court of Appeals opinion is HERE. - GWC 

NY Top Court Reshapes Auto Accident Law (Revamps The Way Courts Determine “Serious Injury”) – New York Personal Injury Law Blog:

"Last month I wrote about three cases being argued in New York’s Court of Appeals that had the potential to reshape the entire face of auto accident litigation and the definition of “serious injury.” That decision has now come down, and it reverses growing trends in the lower appellate courts that had thrown out cases as a matter of law if they didn’t have a doctor to show a “contemporaneous” loss of motion, to come within the “serious injury” threshold for the No-Fault law. The courts were refusing to allow juries to act as fact finders.Unless you are intimately familiar with the subject — and why this is one of the biggest decisions in auto litigation in years — you should read this post first and then return: Court of Appeals Hears Argument On “Serious Injury” in NY Auto Cases (What Should They Do?). In fact, I didn’t just write about this last month, but 13 months ago when I speculated in Perl v. Maher that this issue would come to a head. And two years ago I drew quite similar conclusions to today’s decision.So yes, I’ve been watching this awhile, as has the entire personal injury bar. Because this is very, very big."