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Maria Y. Molina v. Ana Nunez and Adalgiza Nunez

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


November 15, 2012

MARIA Y. MOLINA, PLAINTIFF-APPELLANT,
v.
ANA NUNEZ AND ADALGIZA NUNEZ, DEFENDANTS-RESPONDENTS, AND STATE FARM INDEMNITY COMPANY, DEFENDANT.

On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-142-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 7, 2012

Before Judges Alvarez and Waugh.

Plaintiff Maria Y. Molina appeals the Law Division's order dismissing her personal injury action against defendants Ana Nunez and Adalgiza Nunez. We affirm.

Molina sought damages for injuries allegedly resulting from a 2008 motor-vehicle accident. During discovery, Molina disclosed that she had suffered similar injuries in a 2004 motor-vehicle accident. MRI's following the 2004 and 2008 indicate injuries at the C2-C3, C3-C4, and L5-S1 levels of the spine. Molina provided no medical evidence comparing the injuries resulting from each accident. Defendants moved for summary judgment, arguing that Molina had not provided a comparative medical analysis of her injuries, as required by Davidson v. Slater, 189 N.J. 166, 185-88 (2007). In opposition, Molina argued that such an analysis was not required. The motion judge, relying on Davidson, granted the motion and dismissed the complaint. This appeal followed.

We have reviewed Molina's arguments in light of the facts*fn1 before the motion judge and the applicable law. We find them to be without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

Affirmed.


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