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OSWIN v. SHAW

250 N.J. Super. 461 (1991)

595 A.2d 522

ANNIE M. OSWIN, PLAINTIFF-APPELLANT, v. GREGORY P. SHAW, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 1991.

Attorney(s) appearing for the Case

James J. Addonizio argued the cause for appellant (Rudnick, Addonizio & Pappa, attorneys; Thomas M. Comer, on the brief).

R. Peter Connell argued the cause for respondent (Donington, Leroe, Salmond & Luongo, attorneys).

Gerald H. Baker filed a brief and appeared for amicus curiae ATLA-NJ (Baker, Garber, Duffy & Pedersen, attorneys).

Before Judges KING, R.S. COHEN and STERN.

The opinion of the court was delivered by KING, P.J.A.D.

This case calls for the practical application of the limitation on the right to sue for non-economic loss under, the tort exemption, contained in N.J.S.A. 39:6A-8(a); L. 1988, c. 119 § 6, effective January 1, 1989. In more common parlance, this tort exemption has become known as the "verbal threshold." This threshold must be crossed before the plaintiff in a car accident may pursue...

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