Oberly v. Bangs Ambulance, Inc.

Richard Oberly (plaintiff) was struck on the forearm by a five-pound IV pump that fell off a shelf when the ambulance transporting him, operated by Bangs Ambulance (defendant), struck a curb, causing bruising, pain, and cramping that he claimed limited his dental practice. Oberly sued under New York's No-Fault Law, initially asserting four possible "serious injury" categories but ultimately relying solely on "permanent loss of use of a body organ, member, function, or system" in opposing Bangs's summary judgment motion; the trial court dismissed for lack of evidence of serious injury, and an intermediate appellate court affirmed, reasoning a partial loss of use claim required showing the limitation was "consequential" or "significant," which Oberly failed to establish.