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JACKOWITZ v. LANG

No. A-4699-07T1.

975 A.2d 531 (2009)

408 N.J. Super. 495

Freddi JACKOWITZ, Plaintiff-Appellant, v. Stephanie LANG, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Douglas M. Standriff, Passaic, argued the cause for appellant.

William H. Mergner, Jr., Cedar Knolls, argued the cause for respondent (Leary, Bride, Tinker & Moran, attorneys; Peter M. Bouton, on the brief).

Before Judges CARCHMAN, R.B. COLEMAN and SABATINO.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

This appeal requires us to consider the propriety of an advocate's argument that the jury should "send a message" by its award. Our courts have addressed this issue in criminal and punitive damage cases. Here we consider the issue in a civil trial where the sole issue in dispute is whether plaintiff met the verbal threshold and if so, the quantum of compensatory...

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