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61 VICTOR DZIUBA et al. v. SCOTT J. FLETCHER, KRISTEN L. VANDERHOOK, LOUIS H. VANDERHOOK, et al. -- rank: 588

... barred from collecting personal injury protection (PIP) benefits pursuant to N.J.S.A. 39:6A-8. Alexandra did not oppose the motion, but Victor did. The ... was "culpably uninsured," he was subject to the verbal threshold, N.J.S.A. 39:6A-8, and failed to surmount that threshold because his injuries did ... subject to the verbal threshold. Yet, the exact language in N.J.S.A. 39:6A-8 supporting that conclusion is not clear. Judge Lefelt has outlined ...

docket:	a7056-03
court:	njappellate
decided:	2005-12-27
status:	published
citation:	382 N.J. Super. 73
Document Size:	47493

62 THEREZ JAMES v. ONEIDA V. TORRES, -- rank: 588

... days immediately following the occurrence of the injury or impairment.         [ N.J.S.A. 39:6A-8 (1988), amended by          N.J.S.A. 39:6A-8 (1998).]     In Oswin v. Shaw , the Supreme Court ruled that ... the accident of April 12, 2000. She contends that under N.J.S.A. 39:6A-8 as amended by the Legislature in 1998, there is no ... s case. We are thus not obliged to consider whether N.J.S.A. 39:6A-8 in its amended state immunized a plaintiff from summary judgment ... the trial court concluded that to proceed under the amended N.J.S.A. 39:6A-8, a plaintiff had to "present evidence of . . . a serious and ... incorporate the requirement of a serious impact when it adopted N.J.S.A. 39:6A-8 in its present formulation. That court, therefore, rejected defendant' ...

docket:	a5581-00
court:	njappellate
decided:	2002-11-06
status:	published
citation:	354 N.J. Super. 586
Document Size:	22225

63 GARY S. GEORGE v. LIBERTY INSURANCE CORPORATION -- rank: 586

... to prove he sustained a 'permanent injury,' as defined in N.J.S.A. 39:6A-8(a), which was proximately caused by this accident. After a ... to a judicial finding of permanency, within the meaning of N.J.S.A. 39:6A-8(a), as a matter of law. Defendant argued that A ... the accident were insufficient to satisfy the permanency requirements under N.J.S.A. 39:6A-8(a). The judge assigned to decide this matter provided the ... will not heal to function normally with further medical treatment. [ N.J.S.A. 39:6A-8(a) (emphasis added).] We do not disturb a trial court ... to this accident were not permanent within the meaning of N.J.S.A. 39:6A-8(a). Plaintiff's claims of permanent injuries related to this ...

docket:	a2123-15
court:	NJ Superior Court Appellate Division
decided:	2019-01-17
status:	Unpublished
citation:
Document Size:	24757

64 UNSATISFIED CLAIM & JUDGMENT FUND BOARD V. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 583

... in tort for noneconomic damages except in nine specified circumstances. N.J.S.A. 39:6A-8. See generally Cynthia M. Craig & Daniel J. Pomeroy, New Jersey ...

docket:	a-34-94
court:	njsupreme
decided:	1994-11-23
status:
citation:	138 N.J. 185
Document Size:	63588

65 IN SIM HWANG v. SHAUNE M. GORDON -- rank: 580

... n]o A-3434-19 12 limitation on lawsuit option.' N.J.S.A. 39:6A-8. A person covered by an insurance policy with the limitation ... degree of medical probability, other than scarring or disfigurement.' 4 N.J.S.A. 39:6A- 8(a). A 'permanent injury' is one that 'has not healed ... or significant scarring; displaced fractures; [or] loss of a fetus . . . .' N.J.S.A. 39:6A- -8(a). A-3434-19 13 negligence. Davidson, 189 N.J ...

docket:	a3434-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-14
status:	Unpublished
citation:
Document Size:	49746

66 PAUL LABAS v. JUAN ESQUIVEL-MOLINA -- rank: 578

... alternate part of the second prong under the provision of N.J.S.A. 39:6A-8.1a sheds additional light on the issue. N.J.S.A. 39:6A-8.1a provides that the tort option selected shall apply to ... vehicle while occupying or driving it with permission. Likewise under N.J.S.A. 39:6A-8.1a, he is not bound as an insured by the ...

docket:	a3343-03
court:	njappellate
decided:	2004-05-27
status:	published
citation:	369 N.J. Super. 331
Document Size:	13419

67 ANTHONY J. ADRIGNOLO JR v. JEAMAKA T. EMEJURU -- rank: 575

... to satisfy the limitation on lawsuit threshold set forth in N.J.S.A. 39:6A-8(a). For the reasons that follow, we affirm. Plaintiff filed ... establish that plaintiff sustained a permanent injury as required by N.J.S.A. 39:6A-8(a). Plaintiff argues on appeal that the order granting summary ... will not heal to function normally with further medical treatment." N.J.S.A. 39:6A-8(a). To satisfy the statute, a plaintiff must show there ... reasonable degree of medical probability, other than scarring or disfigurement. N.J.S.A. 39:6A-8(a). 2 Pursuant to N.J.S.A. 39:6A ...

docket:	a4272-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-04
status:	unpublished
citation:
Document Size:	15546

68 STEVEN J. KOFF AND SHIELA A. KOFF V. BARBARA A. CARRUBBA -- rank: 572

... Thomas , 274 N.J. Super. 37 (App. Div. 1994), quoting N.J.S.A. 39:6A-8, where a defendant is an "'owner, registrant, operator or occupant ... defendant's ownership, operation, maintenance or use of such automobile.” N.J.S.A. 39:6A-8. Because plaintiff is required to maintain PIP insurance on an ...

docket:	a396-95
court:	njappellate
decided:	1996-05-30
status:	published
citation:	<a href=
Document Size:	19490

69 MICHELLE CATENA v. DAPHKA JASMIN -- rank: 572

... were subject to the "limitation on lawsuit option," pursuant to N.J.S.A. 39:6A-8(a), which permits her to maintain an action for noneconomic ... patient response.'" Davidson , supra , 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)); see also Agha v. Feiner , 198 N.J. 50 ... Shaw , 129 N.J. 290 , 320 (1992), superceded by statute , N.J.S.A. 39:6A-8(a), as recognized in DiProspero , supra , 183 N.J. at ... at 170, 185-87. 9 "Although Polk predated [amendments to N.J.S.A. 39:6A-8(a)], a Polk analysis continues to be required in cases ...

docket:	a2906-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	unpublished
citation:
Document Size:	38168

70 PAULA A. BAKELY and CLIFFORD P. BAKELY -- rank: 572

... A. 39:6A-1.1 to -35. In accordance with N.J.S.A. 39:6A-8(a), plaintiff's treating physician submitted a certificate of merit ... analysis. A physician's certification of permanency in accordance with N.J.S.A. 39:6A-8(a) does not establish a permanent injury to satisfy the ... enumerated injury." Davidson , supra , 189 N.J. at 181 (citing N.J.S.A. 39:6A-8(a)). 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 ... patient response.'" Davidson , supra , 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)). If the objective evidence depends on diagnostic and medical ... 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:	a0192-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-22
status:	unpublished
citation:
Document Size:	13566

71 CALINE FOWLER et al. v. CRYSTAL MOTORS, INC. -- rank: 570

... fracture under the 1988 formulation of the verbal threshold statute, N.J.S.A. 39:6A-8, to withstand defendant's summary judgment motion. The second assumes ... truck did not meet the statutory definition of "automobile" under N.J.S.A. 39:6A-8 (L. 1988, c. 119, § 6), once a fracture is diagnosed ...

docket:	a6956-99
court:	njappellate
decided:	2001-06-11
status:	published
citation:	340 N.J. Super. 33
Document Size:	31716

72 KEVIN HANVEY AND TANYA HANVEY v. DESTINEEN TURNER -- rank: 567

... as defined in the limitation on lawsuit threshold contained in N.J.S.A. 39:6A-8, entitling him to non-economic damages. We affirm the motion ... 21, 2001 accident is a permanent injury as defined by N.J.S.A. 39:6A-8 on which Dr. Johnson hand wrote, "right medial meniscus tear ... 39:6A-1.1 to -35, provides to policyholders in N.J.S.A. 39:6A-8, the "limitation on lawsuit" threshold, which limits an accident victim ...

docket:	a4500-04
court:	njappellate
decided:	2006-03-15
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36609

73 PATRICIA KENNELLY-MURRAY et al. v. RICHARD MURRAY -- rank: 564

... in the Automobile Insurance Cost Reduction Act of 1988 (AICRA), N.J.S.A. 39:6A-8 -- that is, by replacing the pre-existing "fractures" category with ... s requirement that a scar must be significant and disfiguring. N.J.S.A. 39:6A-8. However, rather than rule upon that precise point, the judge ... reasonable degree of medical probability, other than scarring or disfigurement." N.J.S.A. 39:6A-8. Noteworthy is the fact that the Legislature replaced a category ... by the Supreme Court's own recent literal interpretation of N.J.S.A. 39:6A-8. See, e.g. , Serrano , supra , 183 N.J. at 515 ... of category (6). In so viewing the current version of N.J.S.A. 39:6A-8, we conclude that the record on appeal presents a disputed ...

docket:	A0886-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-17
status:	published
citation:	381 N.J. Super. 303 885 A.2d 955
Document Size:	60379

74 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. VS EILEEN CROCKER -- rank: 562

... named insured, and any immediate family member as defined in [ N.J.S.A. 39:6A-8.1], under that policy, shall be subject to the tort ...

docket:	a3686-94
court:	njappellate
decided:	1996-03-08
status:	published
citation:	288 N.J.Super. 250
Document Size:	18572

75 FERMINA IBARRA V. JASON J. VETRANO, ET AL. -- rank: 562

... Lourdes' carrier, Sentry, paid PIP benefits to plaintiff.     Pursuant to N.J.S.A. 39:6A-8.1 (section 8.1), Lourdes had elected the "verbal threshold ...

docket:	a3243-96
court:	njappellate
decided:	1997-06-30
status:	published
citation:	<a href=
Document Size:	13183