Frenklakh v. Lojek

Dan T. Matrafajlo argued for the plaintiff. In that case, Plaintiff was involved in a motor vehicle accident on June 29, 2002 in Verona, New Jersey and allegedly suffered injuries to his spine and right knee as a result.

The motion judge concluded that plaintiff’s claimed injuries to his spine were an aggravation of prior injuries suffered in an earlier motor vehicle accident in 1995. As such, the motion judge in Superior Court, Law Division, Essex County, New Jersey entered Summary Judgment against plaintiff. Plaintiff appealed.

On appeal the Appellate Division reversed the trial court Order entering Summary Judgment and held that: (1) plaintiff was required to present expert comparative medical analysis; (2) the expert comparative medical analysis report regarding plaintiff’s back injuries was competent summary judgment evidence; and (3) a triable issue existed as to whether plaintiff’s knee injury was permanent under the No-Fault Act.