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ESPINAL v. ARIAS

916 A.2d 1081 (2007)

391 N.J. Super. 49

Cresencio ESPINAL, Elizabeth Rosario, Plaintiffs-Respondents, v. Marino ARIAS, Hanover Insurance Company, Defendants, and Mabel Kolias, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2007.

Attorney(s) appearing for the Case

Leary, Bride, Tinker & Moran, attorneys for appellant (John G. Tinker, Jr., Cedar Knolls, on the brief).

Otto Marcano, New Brunswick, attorney for respondent.

Before Judges CUFF, WINKELSTEIN and FUENTES.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this opinion, we address three issues that routinely arise during the trial of a personal injury case in which the plaintiff's claim for damages is constrained by the verbal threshold of the 1998 Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35. Those issues are: (1) the scope of a party's right to qualify its expert; (2) whether the court is required to instruct...

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