JOHN R. CARROLL v. SHERRI L. MOREINES BUCHANAN et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1334-04T21334-04T2

JOHN R. CARROLL,

Plaintiff-Appellant,

v.

SHERRI L. MOREINES BUCHANAN and

JAMES M. BUCHANAN,

Defendants-Respondents.

______________________________

 

Submitted November 1, 2005 - Decided

Before Judges Lisa and S.L. Reisner.

On appeal from the Superior Court of New Jersey, Essex County, L-2106-03.

Zwerling & Altemus, attorneys for appellant (David J. Zwerling and Robert P. Altemus, on the brief).

Respondents did not file a brief.

PER CURIAM

This is a verbal threshold case filed under the Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-8. Plaintiff was injured in an automobile accident. He appeals from the trial court's order granting summary judgment dismissing the complaint for failure to satisfy the "substantial impact on lifestyle" prong of Oswin v. Shaw, 129 N.J. 290 (1992). The trial court accepted that plaintiff had satisfied the requirement of showing that he suffered a permanent injury in the accident.

Defendant has filed a letter of non-participation on this appeal, implicitly conceding, as she must, that the trial court's decision cannot stand in light of the recent Supreme Court decision in DiProspero v. Penn, 183 N.J. 477 (2005). Since DiProspero held that proof of "substantial impact" is not required under AICRA, we are compelled to reverse and remand this case for trial.

 
Reversed and remanded.

(continued)

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2

A-1334-04T2

November 15, 2005