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LOFTUS-SMITH v. HENRY

286 N.J. Super. 477 (1996)

669 A.2d 852

CATHRYNE M. LOFTUS-SMITH, PLAINTIFF-APPELLANT, AND GREGORY A. SMITH, HER HUSBAND, PLAINTIFF, v. SUSAN MARGARET HENRY, WILLIAM C. JOBES, CORA S. COLLINS, CONCEPCIO FIGUEROA AND ZULMA M. FIGUEROA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1996.

Attorney(s) appearing for the Case

Franklin P. Solomon argued the cause for appellant (Tomar, Simonoff, Adourian & O'Brien, attorneys; Mr. Solomon, of counsel and on the brief).

Michael W. Glaze argued the cause for respondent Susan Margaret Henry (Gercke, Dumser & Feld, attorneys; Mr. Glaze, of counsel and on the brief).

Laurie Harrold Rizzo argued the cause for respondent William C. Jobes (Slimm & Goldberg, attorneys; Ms. Rizzo, of counsel and on the brief).

Daniel J. Gallagher argued the cause for Cora S. Collins (Youngblood, Corcoran, Aleli, Lafferty & Stackhouse, attorneys; Thomas M. O'Leary, on the statement in lieu of brief).

Frank P. Menaquale, Jr., argued the cause for Zulma M. Figueroa (John J. Spence, Jr., attorney; Mr. Menaquale, on the statement in lieu of brief).

Before Judges MICHELS, BAIME and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.A.D.

Plaintiff Cathryne Loftus-Smith appeals from a summary judgment dismissing with prejudice her complaint for both economic and noneconomic damages because of her failure to satisfy the verbal threshold, N.J.S.A. 39:6A-8a (the Statute). The trial court held, inter alia, that plaintiff had not met the verbal threshold which barred her claims against defendant Susan Margaret Henry, a non-resident...

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