ELLIOTT v. SIMON


157 N.J. Super. 495 (1978)

385 A.2d 249

MILDRED Z. ELLIOTT AND STEPHEN J. ELLIOTT, PLAINTIFFS-APPELLANTS, v. EVELYN K. SIMON AND THE NORTHEAST CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1978.


Attorney(s) appearing for the Case

Mr. Samuel R. Williamson, attorney for appellants.

Messrs. Dwyer, Connell & Lisbona, attorneys for respondents (Mr. Raymond R. Connell on the brief).

Before Judges ALLCORN, MORGAN and HORN.


PER CURIAM.

The segment of N.J.S.A. 39:6A-8, the so-called "tort exemption" or threshold provision of the No-Fault Law, pertinent to this appeal, reads as follows:

There shall be no exemption from tort liability if the injured party has sustained death, permanent disability, permanent significant disfigurement, permanent loss of any bodily function or loss of a body member in whole or in part, regardless of the right of any person to receive benefits...

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