Nancy Botta, Plaintiff-Appellant-Respondent v. Herman G. Brunner, Defendants-Respondents-Appellants

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment on liability but modified the legal standards, holding that a plaintiff's burden to prove injury is a preponderance of the evidence, not clear and convincing evidence, and that counsel may not suggest mathematical formulas for pain and suffering damages. The Court also expressly overruled several prior New Jersey decisions that had permitted such suggestions.