McGee v. McGee

GAYNOR, J. S. C.

By this motion for summary judgment defendant seeks a dismissal of the complaint on the ground that the action is barred by virtue of the exemption from tort liability contained in N.J.S.A. 39:6A-8. In opposing the motion plaintiff contends that he has met the threshold requirement which renders the statutory exemption inapplicable.

The underlying facts relevant to a consideration of this motion are not in dispute. Plaintiff suffered a contusion of the right kidney, admittedly a soft tissue injury, as a result of the alleged negligent operation of a truck by defendant. Examina*110ti…