DiPROSPERO v. PENN


874 A.2d 1039 (2005)

183 N.J. 477

Christina DiPROSPERO, Plaintiff-Appellant, v. Barbara J. PENN and Martha M. Turner, Defendants Respondents, and John Doe(s), jointly, severally and/or in the alternative, Defendant.

Supreme Court of New Jersey.

Decided June 14, 2005.


Attorney(s) appearing for the Case

Franklin P. Solomon, New York City argued the cause for appellant (Weitz & Luxenberg, attorneys).

Susan Stryker, Trenton argued the cause for respondents (Sterns & Weinroth, attorneys; Ms. Stryker and Mitchell A. Livingston, on the brief).

Cynthia M. Craig, Chatham argued the cause for amicus curiae Trial Attorneys of New Jersey (Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, attorneys).

Richard Wildstein, Passaic argued the cause for amicus curiae Association of Trial Lawyers of America-New Jersey (Goldstein, Ballen, O'Rourke & Wildstein, attorneys).

Lewis Stein argued the cause for amicus curiae New Jersey State Bar Association (Edwin J. McCreedy, President, attorneys; Mr. Stein and Sharon A. Balsamo, of counsel).

Robert Peter Connell argued the cause for amicus curiae Independent Insurance Agents & Brokers of New Jersey (Connell, Connell & Camassa, attorneys; Mr. Connell and Michael J. Deem, on the brief).

Thomas P. Weidner, Princeton argued the cause for amici curiae Insurance Council of New Jersey, American Insurance Association and Property Casualty Insurers Association of America (Windels Marx Lane & Mittendorf, attorneys; Mr. Weidner, David F. Swerdlow and Antonio J. Casas, on the brief).


Justice ALBIN delivered the opinion of the Court.

The 1998 Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35, provides automobile insurance policyholders with a choice: lower premium payments in exchange for Limiting their right (and the right of those covered by the policy) to sue for noneconomic damages if injured in an accident.1 That option, known as the "limitation on lawsuit" threshold, restricts an...

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