Plaintiff Cannot Establish That He Suffered a “Serious Injury” Pursuant to New York State law, which governs this FTCA case, to recover for pain and suffering stemming from injuries resulting from an automobile accident, the plaintiff must establish that he suffered a “serious injury.” N.Y. Ins. Law § 5104(a). As relevant here, serious injury is defined as: (1) “permanent consequential limitation of use of a body organ or member” or (2) “significant limitation of use of a body function or system.”