Levine v. Miller

In Levine v. Miller, 272 N.J.Super. 512, 640 A.2d 363 (Law Div.1993), the court held that a fracture to plaintiff's prosthetic device permanently implanted in her mouth could constitute a serious injury satisfying the verbal threshold. In so deciding, the court not only considered whether plaintiff presented objective, credible evidence of injury, but also whether plaintiff had presented evidence which would support a jury finding that plaintiff's injuries had a "serious impact" on her life. 272 N.J.Super. at 517, 640 A.2d 363. The trial judge, however, did not focus on this specific issue. Neither party argued that any part of the Oswin test might not be applicable. In addition, the trial judge believed that plaintiff's injury could also satisfy the verbal threshold as a category six, permanent loss of the use of a body organ, member, function or system (a soft tissue injury). Id. at 517-18, 640 A.2d 363.