In the case of Lavado v. Phantom Recovery Towing, et al., a Westchester County jury rendered a defense verdict for CC &I’s clients, finding that the 69 year old plaintiff failed to meet the serious injury threshold requirement of Insurance Law Section 5102(d). Plaintiff claimed the need for lumbar surgery to address a herniated disc and CC&I argued that the Plaintiff’s injuries did not satisfy the statutory requirements of a “serious injury”. Plaintiff’s counsel asked the jury to render a verdict for a total of $350,000 for past and future pain and suffering, while CC&I maintained the position that a defense verdict was warranted. Following deliberations, the jury agreed with CC&I, and rendered a defense verdict.