Naomi G. Eichen

“ Plaintiff contends that the judge erred in granting defendants summary judgment on her claim for pain-and-suffering damages because she has suffered injuries that constitute "permanent loss of bodily function" as well as "permanent disfigurement." Plaintiff [A991] maintains that her fractures, pain on the right side of her body, and post-traumatic stress disorder, individually or taken together, constitute "a permanent loss of a bodily function." Additionally, she argues that the scars from her surgery and the swelling and disfiguration of her nose are "permanent disfigurements." ”

“ Here, at the very least, the record raises a factual dispute concerning plaintiff's claim that her scars constitute permanent and substantial disfigurements. In such a case, it is not the judge's function to weigh the evidence and determine the truth of the matter but only to determine whether there is such a dispute. See Brill, supra, 142 N.J. at 540, 666 A.2d 146. It is only when the evidence is so one-sided that a judge may decide that one party should prevail as a matter of law. ”

“ We have carefully reviewed the record and the arguments of the parties and are persuaded that there is a total absence of objective medical evidence in the record of any permanent loss of bodily function resulting from the fractures or lacerations plaintiff sustained in the accident. ”