Frenklakh v. Lojek

Dan T. Matrafajlo represented the plaintiff. In that case, the plaintiff was involved in a car 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 the plaintiff’s claimed injuries to his spine were an aggravation of prior injuries sustained in a prior automobile accident in 1995. As such, the motion judge in the Superior Court, Law Division, Essex County, New Jersey, entered summary judgment against the plaintiff. The plaintiff appealed.

On appeal, the Appellate Division reversed the trial court’s order granting summary judgment, holding that: (1) plaintiff was required to submit a comparative medical expert analysis; (2) the report of the comparative medical expert analysis regarding plaintiff’s back injuries was competent evidence for summary judgment; and (3) a triable issue existed as to whether plaintiff’s knee injury was permanent under the No-Fault Law.