05-2-5126 Saduk v. Huckleberry, App. Div. (per curiam) (14 pp.) In this verbal threshold case, the matter proceeded to trial on the issues of liability, permanency, proximate cause and damages. Defendant appeals from the jury verdict in favor of plaintiff and the denial of his motion for a new trial or, in the alternative, remittitur. On appeal, defendant argues plaintiff’s trial evidence that included results of a thermogram, which showed she suffered mediated pain syndrome, did not evince a permanent injury. Where a thermogram has been accepted as an objective diagnostic test relied upon by physicians, the trial judge appropriately accepted the evidence to allow plaintiff to vault the verbal threshold when he denied summary judgment. Accordingly, the jury verdict was properly grounded in the evidence and it did not constitute a miscarriage of justice.
