(Download) "Oswin v. Shaw" by New Jersey Supreme Court No. A-121 ~ eBook PDF Kindle ePub Free

eBook details

Title: Oswin v. Shaw
Author : New Jersey Supreme Court No. A-121
Release Date : January 30, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

The opinion of the court was delivered by CLIFFORD, J. This appeal focuses on the procedure and the standard for determining compliance with the verbal threshold, N.J.S.A. 39:6A-8a, set forth in New Jersey's no-fault automobile-insurance statute, N.J.S.A. 39:6A-1 to -35. Plaintiff sustained soft-tissue injuries in an automobile accident. She sued defendant in the Law Division to recover noneconomic losses. The trial court entered summary judgment for defendant on the ground that the statute does not permit recovery of noneconomic losses due to soft-tissue injuries. The Appellate Division affirmed, 250 N.J. Super. 461 (1991), stating that although soft-tissue injuries may indeed be compensable under the statute, plaintiff's injuries did not meet the verbal-threshold standard. Significantly, that court also declared that the trial Judge must determine all aspects of a plaintiff's compliance with the verbal threshold, including material disputes of fact.