This section contains the nature of the case and procedural background.

P was injured in a motor vehicle accident on February 13, 1979. At the hospital, he was diagnosed as having a concussion, acute cervical pain, acute dorsal lumbar sprain and a contusion of the chest. Two days later he was coughing up reddish phlegm. On February 17, he was released from the hospital and returned to work on March 9. P testified that he had a little trouble lifting heavy bags as a taxi driver, but otherwise he was fine. D moved to dismiss as P's injuries were not serious enough to recover for pain and suffering under the no-fault law. The trial court instructed the jury about serious injury; that the nature of his injury prevented him from performing substantially all of his normal duties for a period of at least 90 days within 180 days of the accident. The verdict went to P and D appealed. The Appellate Division reversed and dismissed in that P had failed to prove that he had suffered a serious injury.

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