Negligent inflection of emotional distress not subject to 'verbal threshold'
In a decision released June 10, 2008, the New Jersey
Supreme Court held that a negligent infliction of
emotional distress claim, fashioned on the liability
set out in Portee v. Jaffee, is independent of the
requirements imposed by the Automobile Insurance Cost
Recovery Act's verbal threshold. The Court in
Jablonowska v. Suther, determined that the New Jersey
Legislature provided no indication in drafting AICRA
that it intended to superimpose the permanent injury
requirement on Portee claims that happen to involve
the use of a motor vehicle. Accordingly, when
asserting a claim for negligent infliction of
emotional distress in motor vehicle cases, plaintiffs
will not have to submit objective medical evidence of
a permanent psychological injury. Nor will they have
to file a certification of permanency from a
physician.
