Jimenez v. Baglieri

704 A.2d 1285, 152 N.J. 337, 1998 N.J. LEXIS 9
CourtSupreme Court of New Jersey
DecidedJanuary 29, 1998
StatusPublished
Cited by22 cases

This text of 704 A.2d 1285 (Jimenez v. Baglieri) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jimenez v. Baglieri, 704 A.2d 1285, 152 N.J. 337, 1998 N.J. LEXIS 9 (N.J. 1998).

Opinion

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal presents the issue of whether individuals injured by hit-and-run motorists must satisfy the verbal threshold pursuant to N.J.S.A. 39:6-70(n), to recover noneconomic damages from the Unsatisfied Claim and Judgment Fund (Fund or UCJF). We conclude the Legislature intended that claimants injured in hit- and-run accidents must satisfy the verbal threshold to recover noneconomic damages from the Fund.

I

On July 2, 1991, while on her way to work, plaintiff Jesenia Jimenez was struck by a car. The car slowed momentarily, allowing plaintiff to catch a glimpse of the driver, but did not stop. Plaintiff got up and walked to her bus stop, where she caught a bus and went to work. Within minutes of her arrival, she told her employer about the incident and he told her to call the police. Plaintiffs employer then took her to the hospital because she was complaining of a headache, dizziness, and leg and back pain. The hospital took x-rays and found no fractures. The emergency room *340 physicians treated her with ice packs and analgesics for her head, back, and leg pain, and released her.

Subsequently, plaintiff sought treatment from Dr. Gary Bozian, a chiropractor. He treated her with massage therapy and spinal stimulation, and eventually referred her to Dr. John Burger, a neurologist, for tests related to her continuing headaches. Dr. Burger concluded that plaintiff would continue to suffer chronic periodic episodes of muscle spasm following physical or stressful events.

Based on a witness’s partial identification of the license plate, plaintiff filed suit against William Baglieri, as the operator of the vehicle that had injured her. Plaintiff also named Samuel Fortunato, State of New Jersey Commissioner of Insurance (Commissioner), and the Unsatisfied Claim and Judgment Fund Board as defendants pursuant to N.J.S.A 39:6-78. Plaintiff sought medical expenses from the Fund and personal injury protection benefits from the Material Damages Adjustment Corporation (MDA), the servicing carrier for Baglieri’s insurance provider. After it was established that neither Baglieri nor his car were involved in the accident, the Law Division granted summary judgment in favor of Baglieri and MDA.

The Commissioner and the Fund filed a motion for summary judgment, asserting that the claim should be dismissed because plaintiff failed to present sufficient evidence of injuries satisfying the verbal threshold, as required by N.J.S.A. 39:6-70(n) (Section 70(n)). The court denied that motion and held as a matter of law that the verbal threshold did not apply.

A jury trial on the liability portion of the case resulted in a judgment against the unknown tortfeasor, holding that person one hundred percent liable for the accident and plaintiffs injuries. The damages portion of the case was set for trial on October 13, 1995; however, it was rescheduled for November 1, 1995 because plaintiffs attorney was involved in an automobile accident. On November 1, 1995, defendants moved for a one-day adjournment because their medical expert was unavailable to testify on the *341 rescheduled trial date. The court denied the motion. The jury returned a verdict in favor of plaintiff in the amount of $25,000. On November 17, 1995, judgment was entered on behalf of plaintiff in the reduced amount of $15,000 pursuant to N.J.S.A. 39:6-73. Subsequently, an amended judgment was entered pursuant to N.J.S.A. 39:6-69, requiring the Fund to pay personal injury protection (PIP) benefits to plaintiff.

Defendants appealed, and the Appellate Division affirmed the trial court’s denial of the Fund’s summary judgment motion. The panel, relying on Rivera v. Fortunato, 285 N.J.Super. 168, 666 A.2d 619 (Law Div.1995), concluded that the verbal threshold does not apply to plaintiffs injured by hit-and-run motorists. 295 N.J.Super. 162, 684 A.2d 969 (1996). The court also held that the trial court had abused its discretion in denying the one-day adjournment, and therefore, the court remanded the case for a new trial on damages.

We granted the Commissioner’s petition for certification, 148 N.J. 461, 690 A.2d 608 (1997).

II

In 1952, as part of an automobile insurance reform package, the Legislature enacted the Unsatisfied Claim and Judgment Fund Law, L. 1952, c. 174 (codified at N.J.S.A. 39:6-61 to -91) (Fund Act), 1 to provide for the establishment, maintenance, and administration of a fund for the payment of damages for personal injuries or property damage arising out of accidents involving uninsured or unknown owners of automobiles. Only claimants who are statutorily qualified under N.J.S.A. 39:6-62 may recover benefits under the Fund. A “qualified person” is defined as one who lacks *342 recourse to uninsured motorist benefits under an applicable insurance policy. N.J.S.A. 39:6-62. Benefits are provided to two classes of individuals, those injured by known uninsured motor vehicles, N.J.S.A. 39:6-69, and those injured by hit-and-run drivers, N.J.S.A. 39:6-78.

That plaintiff is a “qualified person” to recover benefits under the Fund Act is undisputed. The issue is whether, as a victim of a hit-and-run driver, she is subject to the verbal threshold requirements established in N.J.S.A. 39:6A-8. The Commissioner asserts that Section 70(n) applies and, therefore, for an eligible claimant injured in a hit-and-run accident to recover noneconomic damages. from the UCJF, he or she must have suffered an injury that satisfies the verbal threshold. Plaintiff asserts, however, that Section 70(n), and thus the verbal threshold, is limited in application to cases involving known uninsured drivers, and does not apply to accidents involving hit-and-run motorists. To resolve that issue, we first review the Legislature’s intent in enacting the Fund Act and the verbal threshold.

A.

The Fund Act

The purpose of the UCJF is to “provide a measure of relief to persons who sustain losses inflicted by financially irresponsible or unknown owners and operators of motor vehicles, where such persons would otherwise be remediless.” Dixon v. Gassert, 26 N.J. 1, 5, 138 A.2d 14 (1958); Douglas v. Harris, 35 N.J. 270, 279,173 A.2d 1 (1961); Corrigan v. Gassert, 27 N.J. 227, 233,142 A.2d 209 (1958). “The [Legislature created the Fund ‘to provide the kind of protection a liability insurance policy would provide.’ ”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lakita D. Murray v. Christopher B. Punina
Supreme Court of New Jersey, 2026
Brian Sarratt v. Nj Pliga
New Jersey Superior Court App Division, 2024
Zabilowicz v. Kelsey
984 A.2d 872 (Supreme Court of New Jersey, 2009)
Sanders v. Langemeier
972 A.2d 1103 (Supreme Court of New Jersey, 2009)
Sanders v. Langemeier
949 A.2d 295 (New Jersey Superior Court App Division, 2008)
Caballero v. Martinez
897 A.2d 1026 (Supreme Court of New Jersey, 2006)
Nationwide Mutual Insurance v. Carlini
12 Misc. 3d 718 (New York Supreme Court, 2006)
State v. Luthe
892 A.2d 736 (New Jersey Superior Court App Division, 2006)
In re Alleged Non-Compliance by RCN of NY
866 A.2d 235 (New Jersey Superior Court App Division, 2005)
In Re Rcn of Ny
866 A.2d 235 (New Jersey Superior Court App Division, 2005)
Caballero v. Martinez
869 A.2d 969 (New Jersey Superior Court App Division, 2004)
Valley Hosp. v. Kroll
847 A.2d 636 (New Jersey Superior Court App Division, 2003)
James v. Torres
808 A.2d 873 (New Jersey Superior Court App Division, 2002)
Boardwalk Reg. Corp. v. Casino Control Comm.
800 A.2d 157 (New Jersey Superior Court App Division, 2002)
Carpenter Technology Corp. v. Admiral Insurance
800 A.2d 54 (Supreme Court of New Jersey, 2002)
Jefferson Street Condominium Ass'n v. Paige
788 A.2d 296 (New Jersey Superior Court App Division, 2002)
White v. Schley
756 A.2d 633 (New Jersey Superior Court App Division, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
704 A.2d 1285, 152 N.J. 337, 1998 N.J. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimenez-v-baglieri-nj-1998.