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WHITAKER v. DeVILLA

147 N.J. 341 (1997)

687 A.2d 738

LOUIS SCOTT WHITAKER AND LAURA WHITAKER, HIS WIFE, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. RONALD A. DeVILLA, ROMEO A. DeVILLA, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND JOHN DOE NOS. 1-10 (FICTITIOUS PERSONS) AND ABC CORP. NOS. 1-10 (FICTITIOUS ENTITIES), DEFENDANTS, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 3, 1997.

Attorney(s) appearing for the Case

Karen L. Suter, Deputy Attorney General, argued the cause, for intervenor-appellant and cross-respondent, Attorney General of New Jersey (Peter G. Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Carla D. Williams, Deputy Attorney General, on the briefs).

Michael D. Blythe, argued the cause, for appellants and cross-respondents Ronald A. DeVilla and Romeo A. DeVilla (Michael D. Blythe & Associates, attorneys; Lisa A. Miller, on the briefs).

Eugene M. Purcell, argued the cause, for respondents and cross-appellants Louis Scott Whitaker and Laura Whitaker, etc. (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Mr. Purcell and Kathleen J. Devlin, on the briefs).

Thomas P. Weidner, argued the cause, for amicus curiae, State Farm Indemnity Company (Jamieson, Moore, Peskin & Spicer, attorneys; Mr. Weidner and Ross A. Lewin, of counsel; Mr. Weidner, Ross A. Lewin and Michael G. Petrone, on the brief).

The opinion of the Court was delivered by STEIN, J.

The critical issues in this appeal concern the proper interpretation, as well as the constitutionality, of N.J.S.A. 17:28-1.4, New Jersey's so-called "deemer" statute. That statute deems New Jersey's "verbal threshold," which allows automobile accident tort recovery for non-economic losses only for bodily injury of a type or degree within one of the nine defined categories set forth in N.J.S.A. 39:6A...

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