GLADYS P. JONES v. NANCY J. FLORES, MITSUBISHI MOTORS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0802-04T20802-04T2

GLADYS P. JONES,

Plaintiff-Appellant,

v.

NANCY J. FLORES, MITSUBISHI

MOTORS,

Defendants-Respondents.

_________________________________

 

Submitted October 25, 2005 - Decided

Before Judges Payne and Levy.

On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Docket No. L-245-03.

Segal & Burns, attorneys for appellant (David W. Burns, of counsel and on the brief).

Gruccio, Pepper, DeSanto & Ruth, attorneys for respondents (Joseph E. Ruth, on the brief).

PER CURIAM

Plaintiff, who is subject to the limitation on lawsuit threshold under the Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-8(a), appeals the August 27, 2004 grant of summary judgment to defendant dismissing plaintiff's complaint for noneconomic damages for failure to establish a serious life impact as a result of injuries suffered in an automobile accident. Subsequent to the challenged ruling in this matter, the New Jersey Supreme Court decided DiProspero v. Penn, 183 N.J. 477 (2005), holding, at 481-82, that "an automobile accident victim who is subject to the threshold and sues for noneconomic damages has to satisfy only one of AICRA's six threshold categories and does not have the additional requirement of proving a serious life impact." Based upon that holding, we reverse and remand.

 

Counsel for defendant, by letter of October 24, 2005, advised the court that both parties acknowledged the inevitability of a reversal and remand in light of DiProspero and, therefore, waived oral argument, which had originally been scheduled for October 25, 2005.

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A-0802-04T2

November 1, 2005