A Capehart Scatchard Blog

Tag: Auto Accident

Meeting the Verbal Threshold Requirement for an Automobile Accident Injury through Scarring or a Permanent Injury

By on November 8, 2019 in Negligence with 0 Comments

The Verbal Threshold is a threshold requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created in an effort to reduce the cost of car insurance by limiting a person’s ability to sue […]

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Driver Of Automobile Found Not Liable For Auto Accident When No Ability to Avoid Collision

By on September 20, 2019 in Negligence with 0 Comments

Plaintiff Cirillo Gonzalez was a passenger in the motor vehicle being operated by defendant Hector Lopez, which was involved in a collision with defendant Everlynia Hudson.  The Hudson vehicle entered the roadway in front of the Lopez vehicle without stopping at a stop sign.  The issue in Gonzalez v. Lopez, 2019 N.J. Super. Unpub. LEXIS […]

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Tractor Trailer Truck Driver Found Not Liable For Auto Accident Caused By Tire Blowout of Minivan In Front Of Truck

By on September 6, 2019 in Liability with 0 Comments

The plaintiff Ronald Winnix and his wife defendant Sandra Winnix decided to take an impromptu family visit for the Fourth of July weekend, driving from North Carolina to Brooklyn, New York.  Sandra had a concern about the condition of their minivan’s rear tire before they left. On their return home, that tire suffered a blow […]

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Legislative Update on Haines v. Taft

By on May 30, 2019 in Claims with 0 Comments

I had previously reported on the Supreme Court case of Haines v. Taft, 237 N.J. 271 (2019) which made inadmissible uncompensated medical expenses incurred as a result of an automobile accident that exceeded the plaintiffs’ $15,000 PIP coverage. After I submitted this article, I discussed with plaintiffs’ counsel whether that decision was specifically limited to […]

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Plaintiff in Personal Injury Action Barred from Testifying that his Automobile was Totaled

By on April 26, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Mariusz Kuzian claimed to have suffered personal injuries in a motor vehicle accident caused by the defendant Steven Tomaszewski. During the trial, his lawyer questioned him as to whether his vehicle was totaled in the accident. The issue in Kuzian v. Tomaszewski, 2018 N.J. Super. LEXIS 183 (Law Div. July 12, 2018) was whether […]

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Supreme Court Rules that Plaintiffs Injured in Auto Accident are Barred from Recovering Medical Expenses Less Than $250,000 Statutory Amount Regardless of PIP Coverage Selected

By on March 29, 2019 in Claims with 0 Comments

In Haines v. Taft, 2019 N.J. LEXIS 441 (March 26, 2019), in a split decision, the New Jersey Supreme Court reversed the Appellate Division and found that plaintiffs, who elected a $15,000 PIP coverage, were barred from seeking to recover the amount of their outstanding medical expenses, incurred as a result of an automobile accident, […]

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