Duffy v. O'Connell

The opinion of the court was delivered by

PAUL G. LEVY, J.A.D.

Plaintiff sought non-eeonomic damages for personal injuries arising out of an automobile accident. After discovery was complete, defendants moved for summary judgment, arguing that plaintiff failed to meet the “verbal threshold” of N.J.S.A. 39:6A-8a. The motion was granted. On appeal plaintiff contends the motion judge failed to consider her qualification under the ninth *675category of the verbal threshold concerning a disability for at least 90 out of the 180 days immediately following the accident. We affirm the grant of summary…