JACQUELINE LUCA VS. GEICO INDEMNITY COMPANYÂ (L-4244-13, CAMDEN COUNTY AND STATEWIDE), A-2791-15T2

Background

Jacqueline Luca (plaintiff) was rear-ended by an uninsured motorist in 2011; she was insured by GEICO under a policy subject to AICRA's limitation-on-lawsuit threshold (N.J.S.A. 39:6A-8(a), -8.1(a)).
Plaintiff sued GEICO in 2013 to recover uninsured-motorist benefits for non-economic damages; her husband asserted a per quod claim.
Medical records (2011–2012) from treating physicians documented objective findings: cervical and lumbar disc bulges on MRI, C7 radiculopathy on EMG, and carpal tunnel syndrome; treating physicians did not opine that injuries were permanent under the statutory definition.
After mandatory arbitration awarded $30,000, plaintiff demanded trial de novo; GEICO moved for summary judgment on non-economic damages, arguing plaintiff could not meet AICRA permanency and objective-evidence requirements.
The trial court granted partial summary judgment dismissing non-economic damages (economic damages preserved); plaintiff submitted a post-judgment expert report asserting permanency but not expressly using the statutory permanency standard; the court denied reconsideration.
Plaintiffs appealed; the Appellate Division affirmed, finding plaintiff failed to present an expert opinion that her injuries "have not healed to function normally and will not heal to function normally with further medical treatment."

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiff satisfied AICRA's objective-evidence requirement for non-economic damages	Luca argued treating records (MRIs, EMG) and physicians' diagnoses provided sufficient objective medical evidence	Geico argued objective findings existed for some conditions but not for several claimed conditions; no expert tied all claimed conditions to objective tests	Court: Objective evidence existed for some injuries (disc bulges, C7 radiculopathy, carpal tunnel), but that alone did not satisfy permanency requirement for non-economic damages
Whether plaintiff established statutory permanency ("not healed...and will not heal...")	Luca argued sufficient evidence or at least a factual dispute existed on permanency; later-submitted Dr. Korn report opined some conditions were permanent	Geico argued no expert, before summary judgment, opined that injuries met the statutory definition of permanence; post-judgment report failed to apply the statutory standard	Court: Summary judgment proper — plaintiff failed to present an expert opinion that injuries meet the statutory definition of permanent injury
Whether the post-judgment expert report warranted reconsideration	Luca contended Dr. Korn's November 2015 report newly established permanency	Geico argued the report was cumulative and failed to apply the statutory definition; it was available before close of discovery	Court: Reconsideration denied — report did not supply the required statutory permanency opinion and was not newly discoverable
Whether summary judgment standard was applied correctly	Luca argued genuine factual issues remain that preclude summary judgment	Geico argued R. 4:46-2(c) standard supports judgment as a matter of law	Court: Applied de novo review and summary judgment standard correctly; no genuine issue of material fact on statutory permanency

Key Cases Cited

Davidson v. Slater, 189 N.J. 166 (2007) (objective medical evidence requirement under AICRA)
Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995) (summary judgment standard and inferences for nonmoving party)
Davis v. Devereux Found., 209 N.J. 269 (2012) (standard of appellate review for summary judgment)
Globe Motor Co. v. Igdalev, 225 N.J. 469 (2016) (appellate court reviews summary judgment under same standard as trial court)
Bhagat v. Bhagat, 217 N.J. 22 (2014) (summary judgment burdens and review)
Cummings v. Bahr, 295 N.J. Super. 374 (App. Div. 1996) (standards for reconsideration motions)
Del Vecchio v. Hemberger, 388 N.J. Super. 179 (App. Div. 2006) (reconsideration requires new evidence not previously available)