Toure v. Avis Rent-A-Car Systems, Inc

In Toure v. Avis Rent-A-Car Systems, Inc. 2002WL146137 (July 9, 2002), the Court of Appeals made clear that qualitative, as well as quantitative evidence could qualify as objective medical evidence, "provided that the evaluation has an objective basis and compares the plaintiff's limitations to the normal function, purpose and use of the affected body organ, member, function or system." The Court summarized the rationale for the 'objective medical evidence" standard as follows: "When supported by objective evidence, an expert's qualitative assessment of the seriousness of a plaintiff's injuries can be tested during cross-examination, challenged by another expert and weighed by the trier of fact. By contrast, an expert's opinion unsupported by an objective basis may be wholly speculative, thereby frustrating the legislative intent of the No Fault Law to eliminate statutorily insignificant injuries or frivolous claims."