Harris v. Osorio

Morrison, W. R. J. D. C.,

Temporarily Assigned. This is a motion for summary judgment brought by defendant to dismiss the complaint on the ground that the provisions of N. J. S. A. 39 :6A-8 bar plaintiffs’ action by reason of the fact that their “medical expenses,” as defined therein, did not exceed $200.

There is no dispute as to the facts. Plaintiff Franklin Harris was injured in an automobile accident which occurred on Januaiy 3, 1973. He received soft tissue injuries and was confined to the Pascack Yalley Hospital for six days, for which the bill was $472.50. While in the hospital he…