BBS Member James Blumenthal Wins Defense Verdict in Jury Trial

BBS member, James Blumenthal won a defense verdict in a jury trial in Cape May County, New Jersey, defending an auto personal injury case. The key issue in the case, which was litigated by motion in limine, was the application of New Jersey’s tort threshold to the plaintiff which dictates whether the plaintiff is required to prove a “permanent injury” in order to recover non-economic damages at trial. Plaintiff’s counsel argued the plaintiff should be “zero tort threshold” as plaintiff was driving an out-of-state rental vehicle. The defense filed a motion in limine, taking the position that the plaintiff must be considered “verbal threshold” vis-à-vis the New Jersey Deemer Statute and the status of rental company self-insured in New Jersey. The trial judge ruled in favor of the defense on the motion in limine binding the plaintiff to the verbal threshold and requiring the plaintiff to meet the “permanent injury” tort threshold at trial. The jury then, in a unanimous verdict, found that the plaintiff did not suffer a permanent injury in the accident, finding in favor of the defense. Congratulations JIm!