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JABLONOWSKA v. SUTHER

A-9 September Term 2007

948 A.2d 610 (2008)

195 N.J. 91

Halina JABLONOWSKA, Individually and as Administratrix Ad Prosequendum and Administratrix of the Estate of Jadwiga Baczewska, Deceased and Tadeusz Jablonowska, Plaintiffs-Appellants, v. David P. SUTHER and Theresa Suther, Defendants-Respondents, and John Doe, Jane Roe, ABC Corp. and XYZ Co., said names being fictitious, Defendants.

Supreme Court of New Jersey.

Decided June 10, 2008.

Attorney(s) appearing for the Case

Samuel Lachs, Elizabeth, argued the cause for appellants.

Thomas W. Matthews, Roseland, argued the cause for respondents (Soriano, Henkel, Biehl & Matthews, attorneys).

Jeffrey M. Keiser, Haddonfield, argued the cause for amicus curiae Association of Trial Lawyers of America-New Jersey (Starr, Gern, Davison & Rubin and Jeffrey M. Keiser, attorneys; Mr. Keiser and Amos Gern, of counsel and on the brief).

Gerald H. Baker, Hoboken, argued the cause for amicus curiae New Jersey State Bar Association (Lynn Fontaine Newsome, President, attorney; Mr. Baker and Amirali Y. Haidri, of counsel; Mr. Baker, Mr. Haidri and Eleanore M. Schenck, on the brief).

Justice LaVECCHIA delivered the opinion for the Court.

This appeal presents the question whether the verbal threshold provision in the Automobile Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-1.1 to -35, which acts as a limitation on an insured's ability to sue an errant operator of a motor vehicle, can apply to bar an insured from maintaining a claim for negligent infliction of emotional distress pursuant to the liability theory announced by...

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