Amaechi v. Clark

632 A.2d 1281, 268 N.J. Super. 186, 1993 N.J. Super. LEXIS 822
CourtNew Jersey Superior Court Appellate Division
DecidedJune 25, 1993
StatusPublished
Cited by2 cases

This text of 632 A.2d 1281 (Amaechi v. Clark) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amaechi v. Clark, 632 A.2d 1281, 268 N.J. Super. 186, 1993 N.J. Super. LEXIS 822 (N.J. Ct. App. 1993).

Opinion

OPINION

MENZA, J.S.C.

The defendants move for summary judgment, contending that the plaintiff, Louise E. Clark, has failed to meet category nine of the verbal threshold, N.J.S.A 39:6A-8(a) (disability for ninety days).

The plaintiff was injured in an automobile accident on December 13,1991. Her doctor diagnosed her condition as a “post-traumatic injury” (sprain and strain) to the neck, chest, lower back, left calf and left knee. A consulting physician render a diagnosis of lumbar radiculopathy. The plaintiff contends that she meets [188]*188category nine of the verbal threshold1 because she became disabled as a result of her injuries and was unable to work from December 19, 1991, to July 7, 1992.2 The plaintiff has not submitted medical proofs to establish that her disability was caused by her injuries.

The no fault statute provides that the verbal threshold is met where there is:

a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute that person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment [category nine].

[N.J.S.A. 39:6A-8(a).]

It is obvious that the plain language of the statute requires proof of a causal relationship between the “medically determined injury” and-the claimant’s disability. The defendants argue that this causal relationship must be proved by medical evidence and that the plaintiffs failure to produce such evidence requires this court to grant summary judgment in their favor.

The plaintiff disagrees, and argues that she is not required to submit medical proofs of causation. She contends that the fact that she certified that she lost time fi’om work due to her injuries, coupled with the fact that her doctor has concluded that she had sustained an injury, is sufficient evidence for a jury determination on the question of whether the plaintiff has satisfied the category nine criteria of the no fault law. The issue, then, is whether medical evidence of causation is required under category nine of the verbal threshold.

[189]*189Although there are no New Jersey cases on point, there are cases from other jurisdictions which have addressed this issue.

The New York case of Shiner v. Insetta, 137 Misc.2d 1012, 525 N.Y.S.2d 982 (App.Term.1987), stands for the proposition asserted by the plaintiff.

Defendants admit that plaintiff adduced evidence that she suffered medically determined injuries as a result of the motor vehicle accident. However, they contend that since there was no medical proof of disability during 90 of the first 180 days following the occurrence of the injury she failed to present a prima facie case. Appellants’ essential argument is that the adjectival phrase “medically determined” as it appears in the statute modifies not only the injury but also the inability of plaintiff to perform customary daily activities for 90 of the first 180 days. Appellants argue that a contrary interpretation would open the floodgates to subjective claims of disability where a person injured in an automobile accident received medical treatment for the slightest of injuries, and that this would be contrary to the legislative intent to contain the cost of automobile insurance.
We disagree. The no-fault law is in derogation of the common law right to sue for tort damages and “it is to be strictly construed to avoid abrogating the common law beyond the clear impact of the statutory language ... and is to be read narrowly.” We agree with the holding in Motley v. Oliveri, 103 A.D.2d 988, 479 N.Y.S.2d 581, to the effect that “medically determined” applies to “injury or impairment” but not to the period of disability.... As to the argument that the failure to require medical proof of the statutory period of disability would open the “floodgates” to minor claims of transient or subjective injuries, we note that the court must still decide, as a threshold determination, whether plaintiff has shown enough to establish a prima facie case of serious injury.... Further, the plaintiff would still have the burden of proving that as a result of the medically determined injury she was disabled in the manner and for the duration specified in the statute.

[Id. at 983-984, 479 N.Y.S.2d 581 (citations omitted).]

A Pennsylvania court reached a similar conclusion. In Widziszewski v. Mashuda Corp., 288 Pa.Super. 191, 431 A.2d 353 (1980), the court stated:

We cannot agree with the trial court that “medically determinable” means the medical reports or bills have to indicate an inability to perform usual and customary activities. It is sufficient that medical treatment was received for an injury related to the accident. The legislative purpose in using the words “medically determinable” was to prevent abuse of this provision by individuals who suffered no injury, and required no medical attention, but desired to use their own self-serving statements concerning inability to perform their usual and customary activities, to defeat the intent of the Act to abolish tort liability.

[Id. at 355.]

[190]*190In the case of Williams v. Dobransky, 304 Pa.Super. 483, 450 A.2d 1015 (1982), the court cited and agreed with the holding in Widziszewski. In that case, the defendant moved for summary judgment arguing that the plaintiffs assertions of disability without medical proofs of causation were insufficient to satisfy the threshold requirement. The court denied the motion, holding that medical proofs of causation were not necessary and that the issue of disability could be presented to the jury based only on the plaintiffs assertion of disability. The court stated: “The credibility of appellant’s [plaintiff’s] testimony, the only evidence substantiating the causal connection between his injuries and disability, is exclusively for the finder of fact to assess.” Id., 450 A.2d at 1017-1018.

In the case of Bushman v. Halm, 798 F.2d 651 (3d Cir.1986), the court, addressing the prior monetary threshold statute which required either medical expenditures of at least $200 or a permanent injury, reached a similar conclusion. In that case, the trial court granted the defendant’s motion for summary judgment because the plaintiff had failed to submit medical proofs connecting his injuries to his claimed permanent disability. The appellate court reversed, holding that the plaintiffs medical proofs, coupled with his subjective complaints, were sufficient to create an issue of fact for a jury to determine. It stated:

Plaintiff has adequately drawn into question the objective nature of his pain and suffering through his own sworn statements.

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Bluebook (online)
632 A.2d 1281, 268 N.J. Super. 186, 1993 N.J. Super. LEXIS 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amaechi-v-clark-njsuperctappdiv-1993.