NEWMAN v. CAPPELLO


277 N.J. Super. 373 (1994)

649 A.2d 911

REBECCA NEWMAN, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR CHANTEL NEWMAN, PLAINTIFF, v. CHARLES CAPPELLO AND WALTER NEWMAN, JR., DEFENDANTS. WALTER NEWMAN, JR., PLAINTIFF, v. CHARLES CAPPELLO, DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided June 10, 1994.


Attorney(s) appearing for the Case

Mark J. Molz for plaintiff, Rebecca Newman.

Gregory A. Drews for defendant, Charles Cappello (Martin & Simmonds, attorneys).

Karen Stickle for defendant, Walter Newman (Robert A. Auerbach, attorney).

Donald N. Elsas for plaintiff, Walter Newman (Elsas & Casel, P.C., attorneys).


SCHLOSSER, J.S.C.

This matter comes before the court on a motion for summary judgment by defendant, Charles Cappello, against plaintiffs, Rebecca and Walter Newman, pursuant to the verbal threshold statute, which is applicable because of the election made by plaintiffs. The issue presented is whether the verbal threshold applies where the defendant's intentional conduct is the alleged cause of plaintiffs' injuries.

On February 22, 1991, plaintiff, Rebecca...

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