The panel, relying on Rivera v. Fortunato, 285 N.J. Super. 168, 666 A.2d 619 (Law Div. 1995), concluded that the verbal threshold does not apply to plaintiffs injured by hit-and-run motorists. 295 N.J. Super. 162, 684 A.2d 969 (1996). The court also held that the trial court had abused its discretion in denying the one-day adjournment, and therefore, the court remanded the case for a new trial on damages.
Connors v. Sexton Studios, Inc., 270 N.J. Super. 390, 395 (App. Div. 1994); see also Jiminez v. Baglieri, 295 N.J. Super. 162, 165 (App. Div. 1996)(abuse of discretion found where trial court denied a one-day adjournment because of unavailability of expert), rev'd on other grounds, 152 N.J. 337 (1998). In this case, Capone, as a solo practitioner, was the only attorney available to try the case to completion.
Connors v. Sexton Studios, Inc., 270 N.J. Super. 390, 395 (App. Div. 1994); see also Jimenez v. Baglieri, 295 N.J. Super. 162, 165 (App. Div. 1996) (abuse of discretion found where trial court denied a one-day adjournment because of unavailability of expert), rev'd on other grounds, 152 N.J. 337 (1998). We recognize that denial of the adjournment request ultimately led to a harsh result, i.e., the dismissal of plaintiff's complaint.
Connors v. Sexton Studios, Inc., 270 N.J. Super. 390, 395 (App. Div. 1994); see also Jimenez v. Baglieri, 295 N.J. Super. 162, 165 (App. Div. 1996) (abuse of discretion found where trial court denied a one-day adjournment because of unavailability of expert), rev'd on other grounds, 152 N.J. 337 (1998). Here, Ganepola argues that he is a blameless litigant whose chosen attorney could not be in two places at once.