What is the test for establishing a permanent consequential limitation of use of a body member or function?
"New York", United States of America
The following excerpt is from Salcedo v. Salvador, 132 N.Y.S.3d 741 (Table), 69 Misc.3d 1214 (A) (N.Y. Civ. Ct. 2020):
In order to establish a permanent consequential limitation of use of a body member or function, a plaintiff is required to "prove that his injury was both consequential and permanent" ( Countermine v. Galka , 189 AD2d 1043, 1045 [3d Dept 1993] ; Kordana v. Pomellito , 121 AD2d 783, 784 [3d Dept 1986] ). An injury is consequential if it is important ( Toure v. Avis Rent A Car Systems, Inc. , 98 NY2d 345, 353 [2002] ).
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