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Fennell v. Ferreira

Decided: February 21, 1975.

SARAH FENNELL AND WILLIE FENNELL, HER HUSBAND, PLAINTIFFS,
v.
FRANCISCO FERREIRA, DEFENDANT



Dwyer, J.s.c.

Dwyer

[133 NJSuper Page 64] In an action brought for personal injuries sustained by Sarah Fennell in an automobile accident in New Jersey on September 8, 1973, defendant Francisco Ferreira moves for summary judgment against plaintiffs Sarah Fennell and Willie Fennell, her husband, on the ground that defendant is exempt from tort liability under N.J.S.A. 39:6A-8, a section of the No-Fault Law, N.J.S.A. 39:6A-1 et seq., based on answers to interrogatories which showed that the injury was "sprains of cervical spine

and left shoulder", and that the wife is no longer under treatment. Another answer refers to an attached medical report dated December 3, 1973 specifying the wife's medical expenses and treatments, here summarized as follows:

The following expenses are listed:

Date Place Service Charge

9/8/73 Offic eInitial examination and

medication $35

9/10/73 OfficeX-Ray cervical spine 30

X-Ray left shoulder 20

9/10/73 to OfficeInfra-red treatments,

11/9/73 Officeexam, medication 170

$255

In the section of the medical report directed to whether or not wife's condition was permanent, the answer is "guarded", and an answer concerning present complaints is that wife still has pain and limitation of cervical motion.

In Hammond v. Doan, 127 N.J. Super. 67, 72 (Law Div. 1974), the court held that an action for declaratory judgment was not proper procedure to determine if exemption under N.J.S.A. 39:6A-8 made trial unnecessary but suggested that a motion for summary judgment if the facts were undisputed ...


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