Hernandez v. Velez

YANOFF, J.S.C.

(retired and temporarily assigned on recall).

The summary judgment motion in the above matter is unopposed. There are two grounds: one, there is no evidence that the stolen vehicle was being operated at the time of the accident by the agent of defendant Braschi; the second is based on Oswin v. Shaw, 129 N.J. 290, 609 A.2d 415 (1992).

The Oswin v. Shaw motion cannot be granted because there simply is not enough information to show that the plaintiff is subject to the verbal threshold. The answers to interrogatories, which were presented without the interrogatories so that it is…