351 N.J. Super. 536 - Rogozinski v. Turs’s Empirical Analysis
2002
Citation profile
2 district · 10 state decisions
Relationships
Relies on Brill v. Guardian Life Insurance Co. of America · F.M.C. Stores Co. v. Borough of Morris Plains · GE Solid State, Inc v. Director, Division of Taxation · Oswin v. Shaw · Sunrise Development, Inc. v. Zoning Board of Adjustment
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is nothing in AICRA that suggests that the certification will be sufficient basis for the plaintiff to raise a genuine issue of material fact as to whether the plaintiff meets the threshold. To the contrary, in her conditional veto message, Governor Whitman stated that the verbal threshold certification is intended in part as an anti-fraud measure to ensure the legitimacy of the plaintiff's claim. The Governor explained that the certification is necessary to state a claim, not establish a claim and the certification will be subject to the usual discovery and summary judgment process. Indeed, the certification is merely a statement of a conclusion, by a board certified physician, that the plaintiff has sustained an injury that falls within one of the categories of injuries in the statutory threshold. As the statute provides, the certification must be based upon and refer to objective clinical evidence. The factual basis of the certification may, however, be called into question. The conclusion that the plaintiff has sustained a permanent injury as defined in the law may be subject to challenge. All of these issues may properly be raised by the defendant on a motion for summary judgment. Therefore, in order to survive a motion for summary judgment under the limitation on lawsuit threshold, the plaintiff must raise a genuine issue of material fact as to whether the plaintiff sustained an injury that meets the statutory threshold. R. 4:46-2(c). The plaintiff must show that ”
1 later decision quote this exact passage“[b]ecause AICRA reflects an intention to `tighten' the threshold and further restrict lawsuits arising from automobile accidents to claims for injuries that are permanent and serious, AICRA does not reflect an intention to modify the essential holdings of Oswin v. Shaw, [ 129 N.J. 290 , 609 A. 2d 415 (1992) ]. Therefore, the plaintiff must show, by the presentation of objective credible evidence, that the injuries come within one of the categories of injuries defined in the amendatory legislation. In addition, the plaintiff must show that the injuries have had a serious impact upon the plaintiff's life. [ Rogozinski, supra, 351 N.J.Super. at 549 , 799 A. 2d 41 .]”
1 later decision quote this exact passage“plaintiff may have difficulty when lifting things, moving furniture, running, standing and having sex, he is still able to perform these activities, albeit with some pain. However, experiencing some pain while engaging in certain activities does not constitute a significant impact on one's personal life, especially where the plaintiff is still able to engage in virtually all of the activities he or she engaged in prior to the accident, such as the plaintiff in the present case.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.