The Plaintiff, a limited tort selector, was hit head-on by the 17 year-old Defendant. Liability for the accident was clear. The Plaintiff alleged that she sustained torn cartilage in her left knee which required two surgeries and would necessitate a future knee replacement. She also alleged she could no longer work as a realtor. The Defendant contended that the knee injury was related to degenerative joint disease caused by the Plaintiff’s age and excessive weight. Accordingly, as this injury was unrelated to the accident, she did not sustain a "serious injury" and was not entitled to recover non-economic damages.

Tried
September 1997