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WOODWORTH v. JOYCE

860 A.2d 979 (2004)

373 N.J. Super. 114

Edward K. WOODWORTH, Plaintiff-Respondent, v. Peter E. JOYCE, Defendant-Appellant, and Rofel T. Flores, Defendant. Rofel Flores, Plaintiff-Respondent, v. Peter E. Joyce, Defendant-Appellant, and Judy Belinda Williams and Edward K. Woodworth, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Michelle Wall, Paramus, argued the cause for appellant, Peter E. Joyce (Melli, Guerin & Wall, P.C., attorneys; Ms. Wall, of counsel; Jennifer L. Sanyshyn, on the brief).

Dolores L. Aretsky, Hackensack, argued the cause for respondent, Edward K. Woodworth (Aretsky & Aretsky, attorneys; Ms. Aretsky, of counsel; Eric J. Aretsky, on the brief).

Edward M. Colligan argued the cause for respondent, Rofel Flores (Colligan & Colligan, attorneys; Mr. Colligan, on the brief).

Before Judges CONLEY, BRAITHWAITE and WINKELSTEIN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

The issue presented in this opinion is whether a driver who causes an accident while under the influence of alcohol is entitled to the benefits of the verbal threshold provision of an injured plaintiff's insurance policy. In this case, defendant Peter Joyce had a blood alcohol level of .16 at the time he caused an accident injuring plaintiffs. He pleaded...

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