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Tuesday, February 26, 2008

Plaintiff Need Only Prove He Suffered Injury Described in Limitation on Lawsuit Threshold to Recover Noneconomic Damages in Car Accident

The Legislature considered the injuries enumerated in N.J.S.A. 39:6A-8(a) to be serious by definition. A plaintiff need only prove that he suffered an injury described in N.J.S.A. 39:6A-8(a)'s limitation on lawsuit threshold to recover noneconomic damages. In this case, Serrano must prove that he suffers from a permanent injury to a body part or organ. The court remands to the trial court for proceedings consistent with this opinion.

Associate Editor: Ernest Fantini