Bardis v. First Trenton Insurance

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

On February 13, 1997, plaintiff John Bardis was involved in an *142automobile accident.1 After settling with the tortfeasor, he instituted this underinsured motorist (UIM) claim against defendant, First Trenton Insurance Company, his automobile insurance carrier. Defendant conceded that the driver who caused the accident, Joseph Bologna, was negligent. Because plaintiff suffered from degenerative disc disease and had been in prior and subsequent automobile accidents that had caused him back pain, the case was tried to a jury on proximate…