Upon the trial of this action to recover damages for personal injuries resulting from an automobile accident on September 16, 1977, one of the principal issues for jury determination was whether plaintiff had sustained "serious injury" within the meaning of subdivision 4 of section 671 of the Insurance Law. The jury, using written questions furnished by the court, awarded $5,000 damages for pain and suffering but found that plaintiff had not "permanently lost the use of a...
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