Gaddy v. Eyler

In Gaddy v. Eyler, 79 N.Y.2d 955 (1992), the plaintiff claimed that she had suffered a serious injury with respect to three of the categories laid out in Insurance Law 5102(d), including a "'medically determined injury or impairment of a non-permanent nature' which endured for 90 days or more and substantially limited the performance of her daily activities." The Gaddy Court found that the defendant "established a prima facie case that plaintiff's injuries were not serious through the affidavit of a physician who examined her and concluded that she had a normal neurological examination, [and stated that the] burden then shifted to plaintiff to come forward with sufficient evidence to overcome defendant's motion by demonstrating that she sustained a serious injury within the meaning of the No-Fault Insurance Law ." With respect to the 90/180 category, the Gaddy Court held that the plaintiff did not meet this burden.