Frederick Monroe v. City of Paterson, the City of Paterson Police Department, and Victor M. Santiago

Plaintiff, Frederick Monroe, a resident of Paterson, N.J.,
owned a 1976 Oldsmobile registered in New Jersey. In violation of
N.J.S.A. 39:6A-3 and 6B-1, Monroe had failed to insure his
vehicle. On August 7, 1993, Monroe was operating his uninsured
vehicle in Paterson when he collided with a vehicle owned by the
City of Paterson and operated by Victor M. Santiago>, a City
employee.

Monroe sued for damages consisting of economic loss, medical
expenses and lost wages, and non-economic loss, such as pain and
suffering. Because Monroe's claim is against a public entity and
public employee, the New Jersey Tort Claims Act applies. N.J.S.A.
59:1-1 et. seq. The claim, however, is based on the alleged
negligent operation of a motor vehicle and, therefore, implicates
the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1
to -35, popularly known as the No-Fault Law.

The trial court granted partial summary judgment to defendants
regarding Monroe's claim for non-economic loss, because Monroe
had not established the injury threshold defined in N.J.S.A.
59:9-2 (d) of the Tort Claims Act.

Jury verdict for plaintiff for $14,685.75 with a finding that plaitniff was 10% at fault.

Unknown

Unknown

Reversed by the Superior Court, Appellate Division. See: 318 N.J.Super. 505, 723 A.2d 1266. The date shown above is the date of the appellate decision and not the trial date.