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WENZ v. ALLSTATE INS. CO.

720 A.2d 989 (1998)

316 N.J. Super. 570

Fred WENZ and Madeline Wenz, Plaintiffs-Appellants, v. ALLSTATE INSURANCE CO., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Frederick H. Allen, III, Somerville, for plaintiffs-appellants (Mauro, Savo, Camerino & Grant, attorneys; Mr. Allen, on the brief).

James D. Bride,Cedar Knolls, for defendant-respondent (Leary, Bride, Tinker & Moran, attorneys; Mr. Bride, of counsel; Arla D. Cahill, on the brief).

Before Judges BAIME, CONLEY and A.A. RODRIGUEZ.

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

This appeal arises from a jury verdict on personal injury damages. Plaintiff was seriously injured in a snowmobile accident, ultimately requiring the removal of his spleen with post-operative complications and a period of hospitalization. Although he seems to have recovered with few residuals, the loss of his spleen presents, according to the undisputed testimony of his doctor, a probability of a 58% risk of...

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