He v. Miller, A-81 September Term 2009; Supreme Court; opinion by Hoens, J.; dissent by Albin, J.; decided May 12, 2011. On certification to the Appellate Division, 411 N.J. Super. 15 (App. Div. 2009). [Sat below: Judges Fisher, Sapp-Peterson and Espinosa in the Appellate Division; Judge Ironson in the Law Division.] DDS No. 05-1-xxxx [67 pp.]
Plaintiff was in an automobile accident with defendant. Plaintiff suffered spinal injuries and had a pre-existing degenerative disc disease. Although treatment only provided temporary relief, a neurosurgeon recommended that plaintiff forgo surgery. Plaintiff presented evidence that her injuries precluded her from returning to her housekeeper job and that together with her lack of skills, she was left without the ability to work. Plaintiff offered documentary proof of her past lost wages and testified that, prior to the accident, she expected to work another 20 years. Plaintiff also testified about the impact of the injuries on her life. Finally, she and her husband testified about the detrimental impact of her injuries on their marriage.
