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PENSABENE v. STRAUS

775 A.2d 795 (2001)

342 N.J. Super. 196

Matthew W. PENSABENE and Kristine Pensabene, His Wife, Plaintiffs, v. Robert STRAUS, III and/or John Doe # 1-5 (fictitious name), PNC Leasing LLP and/or John Doe Company # 1-5 (fictitious name), Richard Roe Company # 1-5 (fictitious name) and/or Richard Roe, Inc., # 1-5 (fictitious name), Defendants.

Superior Court of New Jersey, Law Division, Burlington County.

Decided March 2, 2001.

Attorney(s) appearing for the Case

Jeffrey Klinger, Esquire, argued the cause for the Plaintiff (Flynn & Austin).

Timothy M. Rolland, Esquire, Haddonfield, argued the cause for the Defendants (Lally, Holtzman, Gilligan and Quasti, Esqs.)

SWEENEY, J.S.C.

At issue in this case is whether a chiropractor is a "physician" qualified to issue a certification sufficient to satisfy the requirements of N.J.S.A. 39:6A-8, the "New" Verbal Threshold Law. The underlying facts are not in dispute. Plaintiff was injured in an automobile accident on May 11, 1999. He filed his Complaint in the Law Division on June 26, 2000 in which he alleged that defendant, Straus, negligently operated a leased vehicle owned...

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