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76 CHARLES HAYWOOD v. RICKY HARRIS -- rank: 559

... sic] the evidence on past lost earnings." Plaintiff contended that N.J.S.A. 39:6A-8 does not require proof of a "permanent" injury to support ...

docket:	a1120-09
court:	superior court appellate division
decided:	2010-07-02
status:	published
citation:	414 N.J. Super. 204 997 A.2d 1098
Document Size:	68299

77 MHA,LLC, v. HEALTHFIRST, INC., -- rank: 559

... law which it does not fairly express.'), superseded by statute N.J.S.A. 39:6A-8(a), as recognized in DiProspero, 183 N.J. at 481 ...

docket:	a4206-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-03
status:
citation:
Document Size:	44704

78 MARVIN ESCOBAR-BARRERA v. PAUL KISSIN -- rank: 557

... probability.'' Ibid. (first, second, and third alterations in original) (quoting N.J.S.A. 39:6A-8(a)). 'An injury shall be considered permanent when the body ... will not heal to function normally with further medical treatment.' N.J.S.A. 39:6A-8(a). Only 'permanent injuries to a body 6 The Automobile ... Serrano v. Serrano, 183 N.J. 508, 517 (2005); see N.J.S.A. 39:6A-8(a). '[T]he necessary objective evidence must be 'derived from ... 181). Here, 'in order to avoid a directed verdict under [N.J.S.A.] 39:6A-8(a)'s express standards,' Davidson, 189 N.J. at 187 ...

docket:	a5132-18
court:	NJ Superior Court Appellate Division
decided:	2020-07-01
status:	Published
citation:
Document Size:	29636

79 FRANCESCO MONGELLI VS. ROCCO V. MAZZA, ET AL. -- rank: 557

... economic damages pursuant to the verbal threshold set forth at N.J.S.A. 39:6A-8(a). Plaintiff did not offer any evidence of economic damages ... evidence pursuant to the statutory verbal threshold set forth at N.J.S.A.39:6A-8(a), as interpreted in our well-settled decisional law. The ... reasonable degree of medical probability, other than scarring or disfigurement. N.J.S.A. 39:6A-8(a). Plaintiff asserts the jury verdict against Mazza and Pena ...

docket:	a0759-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	56123

80 DOROTHY LAMB v. ALLSTATE INSURANCE COMPANY -- rank: 557

... was subject to the "verbal threshold" provision set forth in N.J.S.A. 39:6A-8, of the Automobile Insurance Cost Reduction Act, N.J.S ... claims are subject to the "verbal threshold" which, pursuant to N.J.S.A. 39:6A-8(a) of the Automobile Insurance Cost Reduction Act (AICRA), allows ... clinical evidence," that she has suffered an injury enumerated in N.J.S.A. 39:6A-8(a). Davidson v. Slater , 189 N.J. 166 , 181 (2007 ... cannot be 'dependent entirely upon subjective patient response.'" Ibid. (quoting N.J.S.A. 39:6A-8(a)). In Brun v. Cardoso , 390 N.J. Super. 409 ... vehicle rendered it uninsured. At trial, defendant stipulated liability. 2 N.J.S.A. 39:6A-8. This archive is a service of Rutgers School of Law ...

docket:	a4471-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-23
status:	unpublished
citation:
Document Size:	27778

81 MARISSA ROMAN, et al. v. ROLANDO CORREA et al. -- rank: 551

... s limitation on lawsuit (verbal threshold) tort option pursuant to N.J.S.A. 39:6A-8.1a. We hold that they are so bound. The concept ... plaintiffs are bound by their father's election pursuant to N.J.S.A. 39:6A-8.1a.     Plaintiffs opposed the motion arguing that they live with ... unit/dual residence concept to the definition of household in N.J.S.A. 39:6A-8.1a.     Moreover, although plaintiffs label the issue as "tort exemption ...

docket:	A3119-00
court:	NJ Superior Court Appellate Division
decided:	2002-06-19
status:	published
citation:	352 N.J. Super. 124 799 A.2d 676
Document Size:	17251

82 RHODA A. ROGERS v. NATHANIEL P. GRAY -- rank: 551

... permanently injured within A-1106-19 3 the meaning of N.J.S.A. 39:6A-8(a),2 and if so, the amount of damages. The ... plaintiff. With respect to plaintiff's 2 In relevant part, N.J.S.A. 39:6A-8(a), commonly known as the 'verbal threshold' provision, provides: Every ...

docket:	a1106-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-30
status:	Unpublished
citation:
Document Size:	42127

83 BARBARA GARY v. GEORGE WENTHE -- rank: 551

... forth in the Automobile Insurance Cost Reduction Act of 1998, N.J.S.A. 39:6A-8(a), which allowed insureds to choose automobile policy options, which ... will not heal to function normally with further medical treatment." N.J.S.A. 39:6A-8(a). Plaintiff argues the trial judge's use of Model ... replace "medical evidence" with "objective clinical evidence," language taken from N.J.S.A. 39:6A-8(a). She additionally maintains the charge should not have included ... to the Legislature's "objective clinical evidence" language found in N.J.S.A. 39:6A-8(a), this argument conflates case law examining whether a plaintiff ...

docket:	a1722-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-24
status:	unpublished
citation:
Document Size:	24212

84 TIMOTHY PEEK v. ERROU LUO -- rank: 543

... that plaintiff's claim for personal injuries did not satisfy N.J.S.A. 39:6A-8(a) requirements for non-economic losses. 1 Having considered the ... contending plaintiff did not satisfy the verbal threshold requirements of N.J.S.A. 39:6A-8(a) by demonstrating he had a permanent injury due to ... summary judgment because he satisfied the verbal threshold requirements of N.J.S.A. 39:6A-8(a) through Rosenberg's affidavit. Plaintiff argues that after the ... Davidson v. Slater , 189 N.J. 166 , 181 (2007) (citing N.J.S.A. 39:6A-8(a)). Relevant to our inquiry, such injuries include, "displaced fractures ... a permanent injury within a reasonable degree of medical certainty." N.J.S.A. 39:6A-8(a). The permanency opinion must be based on "objective clinical ...

docket:	a2050-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-01
status:	unpublished
citation:
Document Size:	23184

85 HONG CHEN WANG, v. OMAR F. PADILLA-ROJAS -- rank: 543

... E. Flores for failure to meet the verbal threshold under N.J.S.A. 39:6A-8(a), which is part of the Automobile Insurance Cost Reduction ... for plaintiff's failure to vault the verbal threshold under N.J.S.A. 39:6A-8(a), and a hearing was held on February 15, 2019 ... the burden under Soto2 to overcome the verbal threshold under N.J.S.A. 39:6A-8(a).3 When the judge examined plaintiff's scar, she ... end, where a plaintiff is injured in an automobile accident, N.J.S.A. 39:6A-8(a) limits the recovery of noneconomic loss to those who ...

docket:	a2915-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-22
status:	Unpublished
citation:
Document Size:	18016

86 KRISTI DRYSTEN v. PAOLA N. CHIESA -- rank: 541

... basic; a change in the limitation-on-lawsuit threshold, see N.J.S.A . 39:6A-8(a); a change in primary coverage for PIP medical expense ...

docket:	a4789-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-08
status:	Published
citation:
Document Size:	36407

87 ASHOK A. MODY v. GERALDINE BROOKS et al. -- rank: 538

... failed to do so, was subject to the verbal threshold, N.J.S.A. 39:6A-8, for the recovery of noneconomic loss. The 1997 amendment of ...

docket:	a5002-99
court:	njappellate
decided:	2001-04-16
status:	published
citation:	339 N.J. Super. 392
Document Size:	23199

88 JILL MEGLINO v. CAITLIN C. GAGNE -- rank: 535

... J.S.A. 39:6A-1.1 to -35, at N.J.S.A. 39:6A-8(a). The case was tried by a jury over three ... for a plaintiff to recover under the AICRA verbal threshold, N.J.S.A. 39:6A-8(a), is to prove that the automobile accident at issue ... plaintiff's subjective complaints," also finds support in the statute. N.J.S.A. 39:6A-8(a) requires a plaintiff to provide a physician's certification ...

docket:	a5959-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-14
status:	unpublished
citation:
Document Size:	45365

89 MICHAEL SYTSMA v. JOHN SERIGNESE -- rank: 535

... limitation on lawsuit option (the so-called "verbal threshold") under N.J.S.A. 39:6A-8(a), and -8.1(a). 1 Plaintiff argues on appeal ... subject to the verbal threshold in their automobile insurance policy. N.J.S.A. 39:6A-8.1(a) provides, in pertinent part, that the tort option ... who is not a named insured under another insurance policy. N.J.S.A. 39:6A-8(b) provides that persons not required to maintain PIP coverage ...

docket:	a4776-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-16
status:	Published
citation:
Document Size:	20636

90 MEKISHA JOHNSON v. JESSICA FALASCA -- rank: 517

... a permanent injury within a reasonable degree of medical probability." N.J.S.A. 39:6A-8. Plaintiff appeals from the October 6, 2011 Law Division order ...

docket:	a1256-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-01
status:	unpublished
citation:
Document Size:	23348