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WHITAKER v. DEVILLA

287 N.J. Super. 370 (1996)

671 A.2d 163

LOUIS SCOTT WHITAKER AND LAURA WHITAKER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. RONALD A. DEVILLA, ROMEO A. DEVILLA, JOHN DOE NOS. 1-10 (FICTITIOUS PERSONS) AND ABC CORPORATION NOS. 1-10 (FICTITIOUS ENTITIES), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1996.

Attorney(s) appearing for the Case

Eugene M. Purcell argued the cause for Louis Scott Whitaker and Laura Whitaker (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Kathleen J. Devlin and Andrew L. Indeck, on the brief; Mr. Purcell and Mr. Indeck, of counsel).

Lisa Miller argued the cause for Ronald A. Devilla and Romeo A. Devilla (Michael D. Blythe, attorney, on the brief).

Deborah T. Poritz, Attorney General of New Jersey, filed a brief pursuant to R. 4:28-4(a) (Joseph L. Yannotti, Assistant Attorney General, of counsel; Carla D. Williams, Deputy Attorney General, on the brief).

Before Judges SHEBELL, STERN and WALLACE.

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

In this personal injury action arising out of an automobile accident, plaintiffs, Louis Scott Whitaker and Laura Whitaker, his wife, appeal the granting of summary judgment in favor of defendants, Ronald A. Devilla and Romeo Devilla, based on plaintiffs' failure to meet the verbal threshold.

On June 19, 1992, plaintiff, Louis Scott Whitaker,

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