JOHNSON v. SCACCETTI


927 A.2d 1269 (2007)

192 N.J. 256

Tracey A. JOHNSON and Christopher Johnson, her husband, Plaintiffs-Respondents, v. Benedict A. SCACCETTI, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 31, 2007.


Attorney(s) appearing for the Case

Anthony Young argued the cause for appellant (Parker McCay, attorneys; Stacy L. Moore, Jr., Marlton, on the briefs).

David T. Wheaton, Edison, argued the cause for respondents (Levinson Axelrod, attorneys; Mr. Wheaton and Matthew P. Pietrowski, on the briefs).

Amos Gern, Roseland, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Starr, Gern, Davison & Rubin, attorneys; Mr. Gern and Robert L. Pitkofsky, on the brief).

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


Justice ALBIN delivered the opinion of the Court.

An automobile insurance policyholder who opts for the limitation on lawsuit threshold of the Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35, accepts, in exchange for lower insurance premium payments, restrictions on the right to sue for noneconomic damages (pain and suffering) if injured in an accident.1 A policyholder bound by the lawsuit threshold may...

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