MARIA Y. MOLINA v. ANA NUNEZ

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4688-11T4

MARIA Y. MOLINA,

Plaintiff-Appellant,

v.

ANA NUNEZ and ADALGIZA NUNEZ,

Defendants-Respondents,

and

STATE FARM INDEMNITY COMPANY,

Defendant.

_____________________________________

November 15, 2012

Argued November 7, 2012 - Decided

Before Judges Alvarez and Waugh.

On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-142-10.

Walter M. Piccolo argued the cause for appellant (Fusco & Macaluso, L.L.C., attorneys; Mr. Piccolo, on the brief).

Mark S. Hochman argued the cause for respondents (Law Offices of Stephen E. Gertler, attorneys; Mr. Hochman, on the brief).

PER CURIAM

Plaintiff Maria Y. Molina appeals the Law Division's order dismissing her personal injury action against defendants Ana Nunez and Adalgiza Nunez. We affirm.

Molina sought damages for injuries allegedly resulting from a 2008 motor-vehicle accident. During discovery, Molina disclosed that she had suffered similar injuries in a 2004 motor-vehicle accident. MRI's following the 2004 and 2008 indicate injuries at the C2-C3, C3-C4, and L5-S1 levels of the spine. Molina provided no medical evidence comparing the injuries resulting from each accident. Defendants moved for summary judgment, arguing that Molina had not provided a comparative medical analysis of her injuries, as required by Davidson v. Slater, 189 N.J. 166, 185-88 (2007). In opposition, Molina argued that such an analysis was not required. The motion judge, relying on Davidson, granted the motion and dismissed the complaint. This appeal followed.

We have reviewed Molina's arguments in light of the facts1 before the motion judge and the applicable law. We find them to be without sufficient merit to warrant discussion in a written opinion. R.2:11-3(e)(1)(E).

Affirmed.

1 Molina's appendix contains documents that were not submitted to the motion judge. We have not considered those documents, which are not part of the record on appeal and should not have been included in the appendix.