ALI ALIABADI et al. v. FRANK A. DiROMA

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4396-04T54396-04T5

ALI ALIABADI and FATIMA

SOURI, his wife,

Plaintiff-Appellants,

v.

FRANK A. DiROMA,

Defendant-Respondent.

_____________________________________

 

Submitted March 22, 2006 - Decided April 5, 2006

Before Judges Conley and Winkelstein.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, L-2952-04.

Gaccione, Pomaco & Malanga, attorneys for appellants (Joseph A. DeFuria, of counsel and on the brief).

Connell Foley, attorneys for respondent (Sam Lord, of counsel; Jennifer C. Critchley, on the brief).

PER CURIAM

This is another verbal threshold summary judgment granted defendant automobile driver prior to the Supreme Court's decisions in DiProspero v. Penn, 183 N.J. 477 (2005), and Serrano v. Serrano, 183 N.J. 508 (2005), and our decision in Davidson v. Slater, 381 N.J. Super. 22 (App. Div. 2005), certif. granted, ___ N.J. ___ (2006). In granting the motion, the motion judge concluded that plaintiff failed to show a "serious" and "significant" permanent injury, that her doctor failed to engage in a Polk comparative analysis, and rejected the statutory certificate of permanency as inconsequential. The landscape on threshold motions has changed, removing the basis for the motion judge's conclusions. Since this appeal is entitled to "pipe-line" retroactivity, Beltran v. DeLima, 379 N.J. Super. 169 (App. Div. 2005), we remand to the motion judge for reconsideration in light of Davidson, DiProspero and Serrano. See also Juarez v. J.A. Salerno & Sons, Inc., 185 N.J. 332, 334 (2005).

Remanded for reconsideration. We do not retain jurisdiction.

 

Polk v. Daconceicao, 268 N.J. Super. 568 (App. Div. 1993).

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A-4396-04T5

April 5, 2006