Serious Injury

Serious injury" in New York as of April 16, 2010 means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; A PARTIAL OR COMPLETE TEAR OR IMPINGEMENT OF A NERVE, TENDON, LIGAMENT, MUSCLE OR CARTILAGE; INJURY TO ANY PART OF THE SPINAL COLUMN THAT RESULTS IN INJU RY TO AN INTERVERTEBRAL DISC; IMPINGEMENT OF THE SPINAL CORD, SPINAL CANAL, NERVE, TENDON OR MUSCLE; loss of a fetus; permanent TOTAL OR PARTIAL loss of use of a body organ, member, function or system; A SURGICAL PROCEDURE TO ANY INJURED PART OF THE BODY; ANY OTHER permanent consequential limitation of use of a body organ [or], member, FUNCTION OR SYSTEM; ANY OTHER significant limitation of use of a body ORGAN, MEMBER, function or system; or [a] ANY OTHER medically determined injury or impairment of a PERMANENT OR non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. A FINDING OF SERI OUS INJURY UNDER ANY OF THE ABOVE ENUMERATED CATEGORIES IN THIS DEFINITION SHALL BE A SUFFICIENT BASIS FOR AN AWARD FOR PAST AND/OR FUTURE DAMAGES. [Words in capital letters represent new language].