Kenneth Vercammen (732) 572-0500

2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He was awarded the NJ State Bar Municipal Court Practitioner of the Year. He lectures for the Bar and handles litigation matters. He is Past Chair of the ABA Tort & Insurance Committee, GP on Personal Injury and lectured at the ABA Annual Meeting attended by 10,000 attorneys and professionals.

New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Monday, November 14, 2016

Personal Injury Cases: Verbal, Casinelli v. Manglapus, 357 NJ Super. 398 (App. Div. 2003)


In a verbal-threshold case governed by the Automobile Insurance Cost Reduction Act, where a plaintiff fails to file the required physician certification within the time prescribed by N.J.S.A. 39:6A-89a) and the two-year statute-of-limitations period set forth in N.J.S.A. 2A:14-2 has run at the time defendant files a motion to dismiss, if the plaintiff is able to establish the requisite elements to demonstrate ?substantial compliance? with the procedural requirement that a physician certification be timely filed, then the harsh consequences of a dismissal with prejudice can be equitably avoided. We reach this conclusion because the failure to strictly comply with the time requirements for filing a physician certification does not go to the heart of the cause of action as defined by the Legislature. See Watts v. Camaligan, 344 N.J. Super. 453, 462-68 (App. Div. 2000). Although the fact that the applicable statute of limitations may have expired at the time defendant moved for dismissal does not preclude a substantial-compliance analysis, as a prerequisite for consideration of application of the doctrine of substantial compliance, the plaintiff must have filed a physician certification that, except for being untimely, otherwise meets the requirement contained in N.J.S.A. 39:6A-8(a).

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