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Tag: Verbal Threshold

Plaintiff Unable to Meet Verbal Threshold Based Upon Family Doctor’s Opinion Of Decline in Mental Status Due to Car Accident

By on January 25, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Ann Giesguth was in a motor vehicle accident with a car driven by defendant Anthony Costanza. A week after the accident, she was found unresponsive and was taken to the hospital.  She was diagnosed with a pulmonary embolism. The hospital notes indicated that she “apparently suffered a closed head injury, TBI (traumatic brain injury) […]

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Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy

By on December 10, 2018 in Court Rulings with 0 Comments

Automobile insurance carriers should expect an uptick in workers compensation carrier subrogation claims for medical expenses and temporary disability benefits, regardless of whether the injured worker was subject to the verbal threshold in his/her personal automobile policy based upon the recent published Appellate Division decision in New Jersey Transit Corporation v. Sandra Sanchez, A-0761-17T3 (App. […]

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Plaintiff Covered by Domestic Partner’s Verbal Threshold Selection in Insurance Policy

By on October 12, 2018 in Civil Lawsuits with 0 Comments

Plaintiff Robert Calderone (“Calderone”) claimed to have been injured as a result of an automobile accident with the defendant Michael DeFeo II (“DeFeo”). After Calderone sued DeFeo for his injuries, the defendant filed a motion for summary judgment, requesting a dismissal on the basis that plaintiff’s injuries did not satisfy the verbal threshold (also known […]

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Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute

By on September 5, 2014 in Blog with 0 Comments
Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute

Plaintiff James Epstein sued the defendant Sondra Lippi for injuries arising out of collision between him, as he was riding his bicycle, and the automobile she was operating. In Epstein v. Lippi, 2014 N.J. Super. LEXIS 1703 (July 14, 2014 App. Div.), Epstein, who was pro se, appealed an order awarding Lippi $1000 in counsel […]

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