New Jersey crash lawsuits reinstated after court reduces injury requirements

By Erik Ricasa

Published on July 22, 2005

At least seven dismissed lawsuits have been restored since the ruling. In one ruling, the appeals court said the lowered standard applied to all dismissed cases currently on appeal, but did not consider whether cases already disposed could be reopened.

Appellate Judge Edith K. Payne suggested that the Supreme Court ruling could put a strain on the state's legal system if enough suits were reinstated.

Attorney Franklin P. Solomon, who argued one of the cases that led to the Supreme Court ruling, was skeptical of the predicted impact on the courts. He said the appellate court's caseload for the type of litigation under discussion wasn't sufficient to warrant concern.

Payne suggested the state legislature might have to find new ways to reduce insurance costs for consumer. The Supreme Court ruling reduced the effectiveness of a 1998 law that allowed consumers to pay lower premiums if they agreed not to litigate in cases of permanent injury that does not result in serious life impact.

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