KENNELLY-MURRAY v. MEGILL


885 A.2d 955 (2005)

381 N.J. Super. 303

Patricia KENNELLY-MURRAY and Richard Murray, Plaintiffs-Appellants, v. Edward C. MEGILL, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 2005.


Attorney(s) appearing for the Case

Eugene Cross, Wall, argued the cause for appellants (Ramp & Renaud, attorneys; Ann L. Renaud, East Brunswick, of counsel and on the brief).

Kenneth A. Seltzer argued the cause for respondent (Law Offices of Stephen E. Gertler, Wall, attorneys; Mr. Seltzer, on the brief).

Before Judges ALLEY, C.S. FISHER and YANNOTTI.


The opinion of the court was delivered by

FISHER, J.A.D.

In this verbal threshold matter, we hold, among other things, that by narrowing one of the bodily injury categories contained in the Automobile Insurance Cost Reduction Act of 1988 (AICRA), N.J.S.A. 39:6A-8 — that is, by replacing the pre-existing "fractures" category with a "displaced fractures" category — the Legislature did not intend to bar claims based upon only "non-displaced...

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