Search Rutgers Law Library N.J. Court Opinions

1 New Jersey Transit Corporation v. Sandra Sanchez -- rank: 1000

... Mercogliano had elected the limitation-on-lawsuit option permitted by N.J.S.A. 39:6A-8(a), and sustained no permanent injury, AICRA barred New Jersey ... did not implicate the limitation-on-lawsuit threshold imposed by N.J.S.A. 39:6A-8(a). Ibid. The Appellate Division held that because Mercogliano’s ... Because he had elected the limitation-on-lawsuit option under N.J.S.A. 39:6A-8(a), Mercogliano was subject to that provision’s threshold. It ... noneconomic losses in light of Mercogliano’s inability to vault N.J.S.A. 39:6A-8(a)’s limitation-on-lawsuit threshold. It argued, however ... the Legislature intended the limitation-on-lawsuit threshold imposed by N.J.S.A. 39:6A-8(a) to provide a 10 third-party tortfeasor with a ... s inability to meet the limitation-on-lawsuit threshold under N.J.S.A. 39:6A-8(a). NJAJ urges the Court to authorize individual plaintiffs ...

docket:	a-68-18
court:	NJ Supreme Court
decided:	2020-05-12
status:
citation:
Document Size:	108237

2 Joshua Haines v. Jacob W. Taft -- rank: 907

... or paid” PIP or medical expense evidence in civil 2 N.J.S.A. 39:6A-8(a) limits an injured-insured party from recovering for noneconomic ... expenses before they would have standing for a negligence suit. N.J.S.A. 39:6A-8 (1973). The legislation was openly intended to provide “prompt ... as a provision for limitations on lawsuits for noneconomic loss, N.J.S.A. 39:6A-8 (1984). The Legislature acknowledged that in some instances the foregone ... curb. Ibid. The amendments increased thresholds for limitations on lawsuits. N.J.S.A. 39:6A-8 (1988). The legislative sponsor of the bill expressed the hope ... 7 (1998), revised the threshold for suits for noneconomic loss, N.J.S.A. 39:6A- 8(b) (1998), and created insurance options with decreased coverage in ... N.J. 450, 460 (1957))). It bears mentioning that under N.J.S.A. 39:6A-8(b), an insured may select the “[n]o ...

docket:	a-13-14-17
court:	NJ Supreme Court
decided:	2019-03-26
status:
citation:
Document Size:	102160

3 Halina Jablonowska v. David P. Suther -- rank: 859

... answer, as required by AICRA’s verbal threshold provision. 3 N.J.S.A. 39:6A-8(a) (1998) (amended 2003). Jablonowska’s response to the motion ... independent of the verbal threshold. 4 She therefore asserted that N.J.S.A. 39:6A-8(a) (1998) (amended 2003), with its physician-certificate and bodily ... stated that failure to satisfy the physician-certification requirement in N.J.S.A. 39:6A-8(a) within the sixty-day statutory window does not necessitate ... will not heal to function normally with further medical treatment. [ N.J.S.A. 39:6A-8(a) (1998) (amended 2003).] In construing that language to answer ... ” unless the threshold’s bodily injury requirements are met. N.J.S.A. 39:6A-8(a) (1998) (amended 2003). Although defendants contend that that language ... a threshold selector can file suit under the statute. Cf. N.J.S.A. 39:6A-8(a) (1998) (amended 2003) (setting forth types of injury ...

docket:	a-9-07
court:
decided:	2008-06-10
status:
citation:	195 N.J. 91
Document Size:	140825

4 STEPHANIE JOSEPHS v. CHRISTINA M. HEPP -- rank: 854

... bringing an action and the limitation-on-lawsuit threshold in N.J.S.A. 39:6A-8(a) applies, plaintiff failed to present sufficient evidence to overcome ... her injuries meet the statutory threshold, which is required by N.J.S.A. 39:6A-8(a). Defendant also noted that on October 6, 2017, Dr ... was not subject to the limitation-on-lawsuit threshold in N.J.S.A. 39:6A-8(a). On October 26, 2018, the motion judge heard oral ... plaintiff was subject to the limitation-on- lawsuit threshold in N.J.S.A. 39:6A-8(a), and she had not presented sufficient evidence to show ... also failed to provide the physician's certification required by N.J.S.A. 39:6A-8(a). The judge entered an order dated October 26, 2018 ... an injury that meets the limitation-on-lawsuit threshold in N.J.S.A. 39:6A-8(a). On appeal, plaintiff argues that the limitation-on- ...

docket:	a1474-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Unpublished
citation:
Document Size:	31346

5 GERARD NORTESANO v. DAVID TORRES-ROMERO -- rank: 838

... plaintiff's alleged failure to vault the verbal threshold of N.J.S.A. 39:6A-8. The motion judge denied the relief, finding the verbal threshold ... for non-economic harm unless the verbal threshold is met. N.J.S.A. 39:6A-8. Thus, section 8 provides in pertinent part: Every owner, registrant ... reasonable degree of medical probability, other than scarring or disfigurement. [ N.J.S.A. 39:6A-8.] Together N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-8 assure prompt payment of medical costs to an injured party ... 105-06 (1981))). To determine whether the verbal threshold of N.J.S.A. 39:6A-8 is applicable, we employ a two-prong analysis. Beaugard , supra ... Ibid. As to the former, a plaintiff is "subject to" N.J.S.A. 39:6A-8 if he or she is a "named insured" or ...

docket:	A0521-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-04
status:	unpublished
citation:
Document Size:	43924

6 NEW JERSEY TRANSIT CORPORATION v. SANDRA SANCHEZ -- rank: 777

... barred by the limitation on lawsuit option (the verbal threshold), N.J.S.A. 39:6A-8(a), of the Automobile Insurance Cost Reduction Act (AICRA), N ... he did not sustain a permanent injury as defined by N.J.S.A. 39:6A-8(a).2 As a direct result of Mercogliano's injuries ... App. Div. 1988), held AICRA trumped the WCA, ruling that N.J.S.A. 39:6A-8(a) barred NJ Transit's claims because NJ Transit, as ... will not heal to function normally with further medical treatment.' N.J.S.A. 39:6A-8(a). Permanency must be proven 'within a reasonable degree of ... S.A. 39:6A-12, or the verbal threshold statute, N.J.S.A. 39:6A-8, when workers' compensation payments are made as a result of ... loss was entirely economic and therefore outside the scope of N.J.S.A. 39:6A-8(a), which bars recovery for noneconomic loss unless its ...

docket:	a0761-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-04
status:	Published
citation:	457 N.J.Super. 98 197 A.3d 1158
Document Size:	36055

7 SOFIA PEREZ v. GABRIELA VILLASENOR -- rank: 758

... S.A. 39:6A-1.1 to -35. Pursuant to N.J.S.A. 39:6A-8(a), an insured who makes this selection may maintain an ... of medical probability, other than scarring or disfigurement.' (emphasis added). N.J.S.A. 39:6A-8(a) requires a plaintiff seeking to recover noneconomic losses to ... fell within one of the six categories set forth in N.J.S.A. 39:6A-8(a). Defendant filed an answer to the complaint on January ... Plaintiff did not file the treating physician certification required by N.J.S.A. 39:6A- -8(a). However, during the discovery period, plaintiff provided answers to ... under the separate category for permanent injuries set forth in N.J.S.A. 39:6A-8(a). In addition, plaintiff asserted she had incurred a permanent ... defendants argued that her complaint had to be dismissed under N.J.S.A. 39:6A- 8(a). In their brief, defendants relied upon Zerbo's ...

docket:	a1449-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-24
status:	Unpublished
citation:
Document Size:	27033

8 Edward Zabilowicz v. Roslyne Kelsey -- rank: 742

... 4. Because he did not have a qualifying injury under N.J.S.A. 39:6A-8(a)(identifying six categories of injuries that vault the threshold ... subject to the tort option specified in subsection a. of [N.J.S.A. 39:6A-8].' 5 N.J.S.A. 17:28-1.4. In ... turn to 'the tort option specified in subsection a. of [N.J.S.A. 39:6A-8]' that is applicable to plaintiff under the Deemer Statute. B. N.J.S.A. 39:6A-8 reads in relevant part: a. Limitation on lawsuit option. Every ... falling into one of the six categories set forth in N.J.S.A. 39:6A-8(a).' The Legislature knows how to draft a statute to ... show that the injured person 'sustained an injury described in [N.J.S.A. 39:6A-8(a)].' 152 N.J. 337 (1998). Unlike the Deemer ...

docket:	a-87-08
court:	supreme
decided:	2009-12-17
status:
citation:	200 N.J. 507 984 A.2d 872
Document Size:	25378

9 HECTOR REYES v. JOHN STANLEY -- rank: 742

... to prove he sustained a permanent injury as defined in N.J.S.A. 39:6A-8(a) to recover noneconomic damages. To satisfy his burden, plaintiff ... a permanency A-4498-16T1 3 diagnosis under AICRA. See N.J.S.A. 39:6A-8(a). The court entered an April 13, 2017 order barring ... complaint, arguing plaintiff lacked any competent evidence establishing permanency under N.J.S.A. 39:6A-8(a). Plaintiff filed motions for reconsideration of the orders barring ... reasonable degree of medical probability, other than scarring or disfigurement.' N.J.S.A. 39:6A-8(a). Here, plaintiff sought to vault the statutory threshold by ... 189 N.J. at A-4498-16T1 5 181 (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), superseded by statute, N.J.S.A. 39:6A-8(a), as recognized in DiProspero, 183 N.J. at ...

docket:	a4498-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-18
status:	Unpublished
citation:
Document Size:	22752

10 DAVID H. SHARP v. SOCRATES STERIOTIS -- rank: 742

... automobile insurance policy that contained the limitation on lawsuit option, N.J.S.A. 39:6A-8(a) (the LOL). On July 17, plaintiff was seen by ... of permanency and that plaintiff's injuries were not permanent. N.J.S.A. 39:6A-8(a). Accompanying plaintiff's opposition to the motion was a ... concluded plaintiff had failed to establish a "permanent injury" under N.J.S.A. 39:6A-8(a). 2 He entered an order granting defendant summary judgment ... reasonable degree of medical probability, other than scarring or disfigurement." N.J.S.A. 39:6A-8(a). "An injury . . . [is] permanent when the body part or ... injury could constitute a 'permanent injury' or 'significant disfigurement' under N.J.S.A. 39:6A-8(a)." However, the Court has held that "to satisfy the ... the injured body part to function normally after treatment. See N.J.S.A. 39:6A-8(a) ("An injury . . . [is] permanent when the body part ...

docket:	a3062-09
court:	NJ Superior Court Appellate Division
decided:	2010-12-13
status:	unpublished
citation:
Document Size:	25002

11 ANGELA BURLEY v. ERIK LARSEN -- rank: 734

... to prove she sustained a permanent injury as defined in N.J.S.A. 39:6A-8(a) in order to recover noneconomic damages. To sustain her ... reasonable degree of medical probability, other than scarring or disfigurement." N.J.S.A. 39:6A-8(a). Where, as here, the action is premised on a ... patient response.'" Davidson , supra , 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)); see also Agha , supra , 198 N.J. at 60 ... Shaw , 129 N.J. 290 , 320 (1992), superseded by statute, N.J.S.A. 39:6A-8(a), as recognized in DiProspero , supra , 183 N.J. at ... diagnosis was not otherwise supported by any "objective clinical evidence." N.J.S.A. 39:6A-8. Other than the MRI report, Gupta's diagnosis was based ... Plaintiff's statements, however, do not constitute "objective clinical evidence," N.J.S.A. 39:6A-8, supporting Gupta's diagnosis. Such evidence "must be 'derived ...

docket:	a1864-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	unpublished
citation:
Document Size:	36491

12 ROIG V. KELSEY -- rank: 732

... personal-injury lawsuits." Oswin , supra , 129 N.J. at 295. N.J.S.A. 39:6A-8 (section 8) provided such a limitation by holding that an ...

docket:	a-43-93
court:	njsupreme
decided:	1994-05-19
status:
citation:	135 N.J. 500
Document Size:	52493

13 Casinelli v. Magnaplus -- rank: 724

... establishing that she met the verbal threshold requirement contained in N.J.S.A. 39: 6A-8(a). Casinelli failed to submit the required reports in certification ... complaint required dismissal with prejudice for failure to comply with N.J.S.A. 39: 6A-8(a), and that even if her complaint was dismissed without ... of P.L.1997, c. 353 (C.2C:51-5). [ N.J.S.A. 39:6A-8(a).] The physician certification provision has two purposes: to supply ...

docket:	a-105-02
court:	njsupreme
decided:	2004-09-22
status:
citation:	181 N.J. 354
Document Size:	66469

14 STEVEN HARBOLD V. GERRI OLIN -- rank: 721

... recover non-economic losses pursuant to the verbal threshold statute, N.J.S.A. 39:6A-8. ����On March 17, 1995 defendant moved for summary judgment on ... registered vehicle, carried personal injury protection ("PIP coverage"), pursuant to N.J.S.A. 39:6A-8, entitled "Tort exemption; limitation on the right to noneconomic loss ... non-threshold option. N.J.S.A. 39:6A-8b. N.J.S.A. 39:6A-8 states the consequences of the options as follows: ������������a. Every ... member " of a named insured under an automobile insurance policy. N.J.S.A. 39:6A-8 (emphasis added). ����The PIP Statute states that:���� ��������Every automobile liability ... expenses. N.J.S.A. 39:6A-4.2. ����Significantly, N.J.S.A. 39:6A-8.1, entitled "Election of tort option," sets forth the requirements ... the tort option elected by that named insured shall apply . ��������[ N.J.S.A. 39:6A-8.1 (emphasis added).] Plaintiff is by this statute's ...

docket:	a6246-94
court:	njappellate
decided:	1996-01-31
status:	published
citation:	287 N.J.Super. 35
Document Size:	18239

15 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 718

... to satisfy a "verbal threshold" for imposition of tort liability, N.J.S.A. 39:6A-8, because their bus did not fit within the statutory definition of an "automobile." N.J.S.A. 39:6A-8 is separate and apart from the mandate for PIP coverage ... a passenger on defendants' bus. Further, the legislative scheme in N.J.S.A. 39:6A-8 specifies that it encompasses only those vehicles that fit within ...

docket:	a4478-03
court:	njappellate
decided:	2005-04-15
status:	published
citation:	*CITE_PENDING*
Document Size:	33589