POLK v. DACONCEICAO


268 N.J. Super. 568 (1993)

634 A.2d 135

DOUGLAS POLK, PLAINTIFF-APPELLANT, v. MANUEL B. DACONCEICAO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1993.


Attorney(s) appearing for the Case

Edward M. Colligan argued the cause for the appellant.

Kevin J. DeCoursey argued the cause for the respondent (O'Toole and Couch, attorneys; DeCoursey, of counsel and on the brief).

Before Judges PRESSLER, DREIER and KLEINER.


The opinion of the Court was delivered by KLEINER, J.S.C. (temporarily assigned).

Plaintiff Douglas Polk filed suit for damages allegedly sustained in a motor vehicle accident on April 6, 1990 involving the defendant. On September 11, 1992, the motion judge granted defendant Manuel B. Daconceicao summary judgment on the ground that the verbal threshold provisions of N.J.S.A. 39:6A-8a precluded Polk's suit.

On appeal, Polk argues that he suffered a lumbosacral...

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