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Monday, June 18, 2007

Davidson v. Slater

1-30-07 (A-84-05)

Plaintiff was under no obligation under the Automobile Insurance
Cost Reduction Act (AICRA) to produce, as part of her prima
facie presentation in this non-aggravation cause of action, a
comparative analysis in order to satisfy the verbal threshold
proof requirements. As between defendant’s medical proofs and
those presented by plaintiff, the trial court was obliged to
determine whether a genuine issue of proximate cause had been
presented. As to the issue of permanency, the matter is
remanded for further explication of this record by the Appellate
Division in light of the proof requirements for objective
medical evidence of permanency.