DAVIDSON v. SLATER


914 A.2d 282 (2007)

189 N.J. 166

Danielle DAVIDSON, Plaintiff-Respondent, v. Raymond A. SLATER, Defendant-Appellant, and Deanna L. Slater and John Doe(s), 1-5, ABC Corporation(s), 1-5, Defendants.

Supreme Court of New Jersey.

Decided January 30, 2007.


Attorney(s) appearing for the Case

William J. Markwardt, Philadelphia, PA, argued the cause for appellant (Kent & McBride, attorneys).

Michael A. Ferrara, Jr., Cherry Hill, argued the cause for respondent (Steven J. Jozwiak and The Ferrara Law Firm, attorney).

Susan Stryker, Trenton, argued the cause for amici curiae Insurance Council of New Jersey, American Insurance Association, Property Casualty Insurers Association of America and National Association of Mutual Insurance Companies (Sterns & Weinroth, attorneys; Ms. Stryker and Mitchell A. Livingston, on the brief).

Daniel E. Rosner, argued the cause for amicus curiae Association of Trial Lawyers of America-New Jersey.

R. Peter Connell, Manasquan, submitted a brief on behalf of amicus curiae Independent Insurance Agents & Brokers of New Jersey (Connell, Connell & Camassa, attorneys; Mr. Connell and Jessica Ann Schlee, on the brief).

Cynthia M. Craig, Chatham, submitted a brief on behalf of amicus curiae Trial Attorneys of New Jersey (Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, attorneys).

Wayne J. Positan, Roseland and Gerald H. Baker, Hoboken, submitted a brief on behalf of amicus curiae New Jersey State Bar Association (Mr. Positan, President, attorney; Mr. Baker and Amirali Y. Haidri, Union, of counsel).


Justice LaVECCHIA delivered the opinion of the Court.

This personal injury action involves the limitation-on-lawsuit or "verbal" threshold of the Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35. We have been asked whether, in order to vault the verbal threshold, a plaintiff must produce a comparative analysis segregating injuries suffered in the subject automobile accident from all previous injuries to the same body part, regardless...

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