Shiner v. Insetta’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendants admit that plaintiff adduced evidence that she suffered medically determined injuries as a result of the motor vehicle accident. However, they contend that since there was no medical proof of disability during 90 of the first 180 days following the occurrence of the injury she failed to present a prima facie case. Appellants’ essential argument is that the adjectival phrase “medically determined” as it appears in the statute modifies not only the injury but also the inability of plaintiff to perform customary daily activities for 90 of the first 180 days. Appellants argue that a contrary interpretation would open the floodgates to subjective claims of disability where a person injured in an automobile accident received medical treatment for the slightest of injuries, and that this would be contrary to the legislative intent to contain the cost of automobile insurance. We disagree. The no-fault law is in derogation of the common law right to sue for tort damages and “it is to be strictly construed to avoid abrogating the common law beyond the clear impact of the statutory language ... and is to be read narrowly.” We agree with the holding in Motley v. Oliveri, 103 A.D.2d 988 , 479 N.Y.S.2d 581 , to the effect that “medically determined” applies to “injury or impairment” but not to the period of disability.... As to the argument that the failure to require medical proof of the statutory period of disability would open the “floodgates” to minor claims of transient or ”

   1 later decision quote this exact passage · from the majority
   e.g. 268 N.J. Super. 186 - Amaechi v. Clark