LICARI V. ELLIOT
441 N.E.2d 1088 (1982)
NATURE OF THE CASE: Licari sought review of the order, which reversed a judgment entered
upon a verdict that found him to be 30 percent liable and Elliot (D) driver 70 percent
liable and awarded P the principle sum of $14,700. The lower court also dismissed P's
complaint.
FACTS: P was injured in a motor vehicle accident on February 13, 1979. At the hospital,
he was diagnosed as having a concussion, acute cervical pain, acute dorsal lumbar sprain and
a contusion of the chest. Two days later he was coughing up reddish phlegm. On February 17
he was released from the hospital and returned to work on March 9. P testified that he had a
little trouble lifting heavy bags as a taxi driver but otherwise he was fine. D moved to
dismiss as P's injuries were not serious enough to recover for pain and suffering under the
no fault law. The trial court instructed the jury about serious injury; that the nature of
his injury prevented him from performing substantially all of his normal duties for a period
of at least 90 days within 180 days of the accident. The verdict went to P and D appealed.
The Appellate Division reversed and dismissed in that P had failed to prove that he had
suffered a serious injury.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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