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46 SARA THOMPSON et al. v. JOSEPH L. POTENZA, et al. -- rank: 639

... Act (AICRA) in 1998, effective March 22, 1999, to amend N.J.S.A. 39:6A-8. Craig & Pomeroy, New Jersey Auto Insurance Law 251 (GANN, 2003 ... superior.     Both the amended and pre-amended versions of the N.J.S.A. 39:6A-8 state that "[e]very owner, registrant, operator or occupant of ...

docket:	A2211-02
court:	NJ Superior Court Appellate Division
decided:	2003-12-05
status:	published
citation:	364 N.J. Super. 462 837 A.2d 378
Document Size:	25686

47 KATHLEEN TRELA v. DARREN ROSE -- rank: 639

... Plaintiff's automobile policy contained a 'verbal threshold' provision under N.J.S.A. 39:6A-8(a), that limits her right to recover monetary damages only ... scars as evidence to satisfy the 'permanent injury' requirement in N.J.S.A. 39:6A-8(a). Finally, plaintiff claims she was denied a fair trial ... whether she suffered a permanent injury within the meaning of N.J.S.A. 39:6A-8(a). We disagree. The standard for determining whether to grant ... of the verbal threshold, which refers to 'scarring or disfigurement.' N.J.S.A. 39:6A-8(a). This prompted an immediate objection from defense counsel, who ... reasonable degree of medical probability, other than scarring or disfigurement.' N.J.S.A. 39:6A-8(a). [ 183 N.J. 477, 480-81 (2005).] In Soto ... as a basis to overcome the verbal threshold restrictions in N.J.S.A. 39:6A-8(a): In respect of the 'significant disfigurement or significant ...

docket:	a4426-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-13
status:	Unpublished
citation:
Document Size:	39611

48 JORGE O. CAVIGLIA et al. v. ROYAL TOURS OF AMERICA et al. -- rank: 639

... insured or not, the scheme of the No Fault Act, N.J.S.A. 39:6A-8, as originally adopted, was simply the imposition of a $200 ... need not address the fundamental change made by AICRA in N.J.S.A. 39:6A-8, namely, the requirement of a medical certificate of defined injury ...

docket:	a3493-01
court:	njappellate
decided:	2002-11-08
status:	published
citation:	355 N.J. Super. 1
Document Size:	26607

49 Jimenez v. Baglieri -- rank: 636

... she is subject to the verbal threshold requirements established in N.J.S.A. 39:6A-8. The Commissioner asserts that Section 70(n) applies and, therefore ... 70, subsequently amended by L. 1972, c. 203 (codified at N.J.S.A. 39:6A-8 and 8.1).     In 1988, the Legislature enacted the Verbal ...

docket:	a-25-97
court:	njsupreme
decided:	1998-01-29
status:
citation:	152 N.J. 337
Document Size:	38166

50 Danielle Davidson v. Raymond A.Slater , et al. -- rank: 625

... and was “enough to vault the threshold set forth in N.J.S.A. 39:6A-8(a).” Id. at 27. Noting that plaintiff did not claim ... had to vault an earlier version of the threshold. See N .J.S.A. 39:6A-8(a) (as amended by L. 1990, c. 8). Suit was ...

docket:	a-84-05
court:	njsupreme
decided:	2007-01-30
status:
citation:	189 N.J. 166
Document Size:	75107

51 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the MARLENE MORGAN v. PROGRESSIVE INSURANCE COMPANY and/or PROGRESSIVE GARDEN STATE INSURANCE COMPANY -- rank: 620

... the limitation-on- 2 A-2964-15T2 lawsuit threshold in N.J.S.A. 39:6A-8(a), as amended by the Automobile Insurance Cost Reduction Act ... a reasonable degree of medical probability.' Id. at 186 (quoting N.J.S.A. 39:6A-8(a)). The Court explained that when a plaintiff claims he ... suffered a permanent injury, as that term is defined in N.J.S.A. 39:6A-8(a), which was proximately caused by the November 28, 2008 ... presented sufficient objective credible evidence to support her claim under N.J.S.A. 39:6A-8(a). The judge denied the motion. A motion for judgment ... finding that plaintiff suffered a permanent injury, as defined in N.J.S.A. 39:6A-8(a), which was proximately caused by the November 28, 2008 ...

docket:	a2964-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-08
status:	unpublished
citation:
Document Size:	69058

52 TODD MISKELLY v. RICHARD L. LORENCE, JR. -- rank: 618

... to the Automobile Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-8. As a result, plaintiff was precluded from recovering both noneconomic ... a "permanent injury." Plaintiff contends that the relevant statutory complex, N.J.S.A. 39:6A-8 and -12, and case law requires us to reverse the ...

docket:	a4884-03
court:	njappellate
decided:	2005-10-13
status:	published
citation:	380 N.J. Super. 574
Document Size:	37537

53 YVETTE M. CARMICHAEL & GERALD CARMICHAEL, ET AL -- rank: 618

... plaintiff was subject to the New Jersey verbal threshold statute, N.J.S.A. 39:6A-8, for her failure to abide by the compulsory automobile insurance ... evaluating whether soft tissue injury meets the statutory standards of N.J.S.A. 39:6A-8(a).         In sum, a complaint alleging a permanent soft tissue ...

docket:	a4953-96
court:	njappellate
decided:	1998-03-17
status:	published
citation:	310 N.J.Super. 34
Document Size:	25704

54 NORMAN SHOOK v. LISA COOK -- rank: 615

... plaintiff's proofs did not vault the verbal threshold of N.J.S.A. 39:6A-8 if indeed that standard applied. Thus, the sole issue on ... father's household at the time of the automobile accident. N.J.S.A. 39:6A-8.1, entitled "Election of tort option," sets forth the requirements ... is not a named insured under another automobile insurance policy . [ N.J.S.A. 39:6A-8.1a (emphasis added).] Thus, the tort option selected by the ... a family member is included under the operative language of N.J.S.A. 39:6A-8.1a will depend on the facts of each case. Sjoberg ... purposes, the concept of "dual household residency" was extended to N.J.S.A. 39:6A-8.1a in Roman v. Correa , supra . There, we concluded in ... dual residencies are not necessarily mutually exclusive for purposes of N.J.S.A. 39:6A-8.1a. Rather, the meaning of "residing" and "household" will ...

docket:	A3006-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-27
status:	unpublished
citation:
Document Size:	38777

55 ALEX J. KNELLER v. NARAYON HOSJ GANESAN, et al. -- rank: 612

... if he were to be injured while driving the truck. N.J.S.A. 39:6A-8. This is so because any limitation on the right to ... plaintiff's injuries did not satisfy the verbal threshold statute, N.J.S.A. 39:6A-8. Chubb's letter also indicated that if plaintiff wished to ... to secure a physician's certification of permanency pursuant to N.J.S.A. 39:6A-8, was properly rejected in light of plaintiff's knowledge that ... Affirmed. The term "limitation on lawsuit" is a reference to N.J.S.A. 39:6A-8, the verbal threshold statute. At the time of the discussion ...

docket:	A0928-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-20
status:	unpublished
citation:
Document Size:	55045

56 ANN GIESGUTH v. ANTHONY J. COSTANZA and JOYCE M. COSTANZA -- rank: 612

... show that plaintiff sustained a permanent injury as defined in N.J.S.A. 39:6A-8(a) because her mental acuity tests showed a 'mild cognitive ... who is subject to the limitation on lawsuit threshold in N.J.S.A. 39:6A-8(a) must present 'objective clinical evidence' that the injury falls ... clinical evidence' of a permanent injury here as defined in N.J.S.A. 39:6A-8(a) to vault the threshold. In order to vault the ... 2007). That opinion must be based on 'objective clinical evidence,' N.J.S.A. 39:6A-8(a), a standard that is the equivalent of the 'credible ... subjective patient response.'' Davidson, 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)). A physician opining on the permanency of a plaintiff ... experimental in nature or dependent entirely upon subjective patient response.' N.J.S.A. 39:6A-8(a). The Legislature intended these rigorous standards to ensure ...

docket:	a3501-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-08
status:	Unpublished
citation:
Document Size:	14161

57 STUART SACKMAN v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 610

... to show he suffered a permanent injury, as defined in N.J.S.A. 39:6A-8(a), in order to recover compensatory damages. Unable to reach ... to the permanency of plaintiff's injuries as defined in N.J.S.A. 39:6A-8(a). The trial judge agreed with defense counsel's argument ... as a matter of law, the "permanent injury" threshold under N.J.S.A. 39:6A-8(a). In response, NJM argues the evidence presented to the ... not present sufficient evidence to satisfy his statutory burden. Under N.J.S.A. 39:6A-8(a), "[a]n injury shall be considered permanent when the ... Emphasis added).] In cases where the question of permanency under N.J.S.A. 39:6A-8(a) is hotly contested, such as it was in this ...

docket:	a3230-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-26
status:	published
citation:	445 N.J.Super. 278 137 A.3d 1204
Document Size:	66188

58 HEATHER CHAMPAGNE-BRADY v. ANTHONY GALLO -- rank: 610

... injuries would pass the threshold for a permanent injury under N.J.S.A. 39:6A-8. N.J.S.A. 39:6A-8(a) requires insureds who elected the "'[l]imitation on lawsuit ... a permanent injury" in his May 17, 2012 certification under N.J.S.A. 39:6A-8(a). Champagne-Brady admits she stopped treatment on January 11 ... she had not yet obtained her physician's certification under N.J.S.A. 39:6A-8(a). Under N.J.S.A. 39:6A-8(a), a plaintiff must "provide the defendant with a certification ... Casinelli v. Manglapus , 181 N.J. 354 , 365 (2004). Further, N.J.S.A. 39:6A-8(a) allows for a sixty-day period after the ...

docket:	a1578-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-01
status:	unpublished
citation:
Document Size:	25185

59 /usr/local/share/www/libweb/collections/courts/appellate/a3510-20.opn.html -- rank: 604

... who diagnose him with the requisite permanent injury mandated by N.J.S.A. 39:6A-8(a).' Defendant characterized Dr. de Stefan's opinions as 'nothing ... provided adequate evidence to satisfy the requirements of AICRA, specifically N.J.S.A. 39:6A-8, plaintiff had presented A-3510-20 7 a fact question ... lawsuit option' or the '[n]o limitation on lawsuit option.' N.J.S.A. 39:6A-8. A person covered by an insurance policy with the limitation ... reasonable degree of medical probability, other than scarring or disfigurement.' N.J.S.A. 39:6A-8(a). A 'permanent injury' is one that 'has not healed ... of elasticity' she meant a permanent injury as defined by N.J.S.A. 39:6A-8(a). By 'evident in the examination findings,' she presumably meant ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21870

60 ANGELA COLLADO v. MARDY D. ROMAN -- rank: 599

... prove one of the six kinds of injuries listed in N.J.S.A. 39:6A-8(a) to recover compensation for non-economic damages such as ... sustained "a permanent injury," as described under the statute. 2 N.J.S.A. 39:6A-8(a). See also Kennelly-Murray v. Megill , 381 N.J ... had not properly presented a claim for "significant scarring" under N.J.S.A. 39:6A-8(a). Consequently, plaintiff was barred from presenting "any photographs or ... Plaintiff should not be permitted to circumvent the requirements of N.J.S.A. 39:6A-8(a) by indirectly presenting proof she was directly barred from ... will not heal to function normally with further medical treatment." N.J.S.A. 39:6A-8(a). This archive is a service of Rutgers School of ...

docket:	a0482-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	28441