Jimenez v. Baglieri

Plaintiff Jesenia Jimenez was struck and injured by a hit-and-run driver. She sued to recover damages for her injuries and she named the Unsatisfied Claim and Judgment Fund as a defendant pursuant to N.J.S.A. 39:6-78. The Fund moved for summary judgment on the ground that plaintiff was subject to the verbal *164threshold, N.J.S.A. 39:6A-8a, and that her injuries did not meet the statutory criteria. The motion was denied on the ground that a claim against the Fund by a person injured by a hit-and-run driver is not subject to the verbal threshold.

A trial on the issue of liability only was held on…