Search Rutgers Law Library N.J. Court Opinions

1 Sheila Aronberg v. Wendell Tolbert, et al. -- rank: 1000

... for a unanimous Court. This case involves the interplay between N.J.S.A. 39:6A-4.5(a), which bars a lawsuit for personal injuries by an ... a rightful claim under the Wrongful Death Act or whether N.J.S.A. 39:6A-4.5(a) extinguishes that claim, just as it did the survival ... s death due to the tortious conduct of another. 2 N.J.S.A. 39 :6A-4.5(a) provides that any person who fails to maintain statutorily ... The majority concluded that the uninsured-motorist-lawsuit bar in N.J.S.A. 39:6A-4.5(a) should apply differently to the Wrongful Death and Survivor ... purposes. The panel found “nothing in the language of N.J.S.A. 39:6A-4.5(a) that supports the conclusion that the Legislature intended to ... support, the majority cited to the two inherent goals of N.J.S.A. 39:6A-4.5(a): “to punish the uninsured driver and to ...

docket:	A-9-10
court:	NJ Supreme Court
decided:	2011-08-29
status:
citation:
Document Size:	79168

2 Denise A. Perrelli v. Bridget Pastorelle -- rank: 956

... a unanimous Court. In this appeal, the Court considers whether N.J.S.A. 39:6A-4.5(a) bars a person who was injured while a passenger ... action to recover economic and noneconomic damages for those injuries. N.J.S.A. 39:6A-4.5(a) barred the action. The trial court denied defendants’ motion ... for leave to appeal. 204 N.J. 33 (2010). HELD : N.J.S.A. 39:6A-4.5(a) bars a person who was injured while a passenger ... to recover economic and noneconomic damages for those injuries. 1. N.J.S.A. 39:6A-4.5(a) states that a person who fails to maintain required ... continued to adopt legislation to further those goals. In 1985, N.J.S.A. 39:6A-4.5 was adopted to restrict an uninsured driver’s ability to ... parties for noneconomic damages. As a result of 1997 amendments, N.J.S.A. 39:6A-4.5(a) bars three groups of people from recovering for ...

docket:	A-22-10
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:
Document Size:	76489

3 Frederick W. Voss v. Kristoffe J. Tranquilino -- rank: 908

... dismiss the complaint, asserting the bar to litigation contained in N.J.S.A. 39:6A-4.5(b), which states that a driver who is convicted of ... to refrain from serving visibly intoxicated patrons. Turning next to N.J.S.A. 39:6A-4.5(b), which was adopted several years after the Dram Shop Act, the panel explained that the purpose of N.J.S.A. 39:6A-4.5(b) was to bring down automobile insurance premiums. The panel ... dram shop claims. For those reasons, the panel held that N.J.S.A. 39:6A-4.5(b) does not bar a dram shop claim because (1 ... implication. Here, it is far from clear that by adopting N.J.S.A. 39:6A-4.5(b), the Legislature meant to engage in an implied repeal ... Legislature’s overriding objection when enacting the legislation that contained N.J.S.A. 39:6A-4.5(b) was to effect automobile insurance reform, and there ...

docket:	A-110-09
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:	206 N.J. 93 19 A.3d 470
Document Size:	56184

4 NASIR MEMUDU v. JOSHUA M. GONZALEZ, -- rank: 877

... novel issue of whether the statutory bar set forth in N.J.S.A. 39:6A-4.5(a) precludes plaintiff's 2 claims stemming from the second ... the time of the second accident for the purposes of N.J.S.A. 39:6A-4.5(a). Based on our review of the record and the ... 2 legal principles, we conclude the statutory bar pursuant to N.J.S.A. 39:6A- 4.5(a) is not implicated because decedent was not operating his ... the A-1 defendants filed motions for summary judgment asserting N.J.S.A. 39:6A- 4.5(a) barred plaintiff's claim. The motion judge granted summary ... III. Defendants raise the following points on appeal: POINT I N.J.S.A. 39:6A-4.5(a) SHOULD APPLY WHERE DECEDENT'S UNINSURED VEHICLE IS INVOLVED ... Court's Interpretation of the Legislative Intent and Purpose of N.J.S.A. 39:6A-4.5(a) Supports a Broad Reading of the Term 'Operating.' ...

docket:	a0110-22
court:	NJ Superior Court Appellate Division
decided:	2023-02-27
status:	Published
citation:
Document Size:	31900

5 FEDERICO BENCOSME v. JOSEPH KANNANKARA -- rank: 838

... bringing a claim for economic and non-economic losses under N.J.S.A. 39:6A-4.5(a). We affirm. I. We discern the following undisputed facts ... judgment, claiming that plaintiff was barred from bringing suit under N.J.S.A. 39:6A-4.5(a). The court heard argument and granted defendant's motion ... conclusion that plaintiff's claims against defendant are barred under N.J.S.A. 39:6A-4.5(a) because of plaintiff's admitted failure to maintain medical ... s application of the statute to the undisputed facts here. N.J.S.A. 39:6A-4.5(a) provides: Any person who, at the time of an ... to maintain" the mandated medical expense benefits coverage required under N.J.S.A. 39:6A-4.5(a). He argues, however, that he should be exempted from ... We disagree. We are satisfied that the plain language of N.J.S.A. 39:6A-4.5(a) bars plaintiff's claims against defendant. The statute ...

docket:	a1672-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	42650

6 Caviglia v. Royal Tours of America -- rank: 795

... excluded from PIP coverage entirely. In 1985, the Legislature enacted N.J.S.A. 39:6A-4.5, which imposes restrictions on the right of an uninsured driver to sue for noneconomic damages. In 1988, N.J.S.A. 39:6A-4.5 was amended and the new verbal threshold was introduced, requiring ... select an alternative option. In 1997, the Legislature comprehensively amended N.J.S.A. 39:6A-4.5 to bar three classes of people from suing for personal ... of the no fault law”).     In 1985, the Legislature enacted N.J.S.A . 39:6A-4.5, which imposes restrictions on the right of an uninsured driver ... 6A-21]. [ L. 1985, c. 520, § 14 (current version at N.J.S.A. 39:6A-4.5 by deleting subsection b and by subjecting uninsured motorists seeking ... Super. at 125-26. In 1997, the Legislature comprehensively amended N.J.S.A. 39:6A-4.5 to bar three classes of people from suing for ...

docket:	a-72-02
court:	njsupreme
decided:	2004-02-19
status:
citation:	178 N.J. 460
Document Size:	73987

7 GEORGE CASTANO v. WENDELL D. AUGUSTINE -- rank: 783

... Lummino, 352 N.J. Super. 414, 417 (App. Div. 2002), N.J.S.A. 39:6A-4.5(b) provides: Any person who is convicted of, or pleads ... more'). Defendants moved for summary judgment, arguing that pursuant to N.J.S.A. 39:6A-4.5(b), plaintiff was legally intoxicated at the time of the ... accident by eliminating the convicted plaintiff's 'cause of action.' N.J.S.A. 39:6A- - 4.5(b). The Court has defined a 'cause of action' as ... N.J. 460, 474 (2004) ('One public policy rationale behind N.J.S.A. 39:6A-4.5 is to deter drunk driving, the intentional use of automobiles ... Joyce, 'though deterrence of drunk driving was one rationale behind [N.J.S.A. 39:6A-4.5(b)], effectuation of that A-3925-21 9 policy was ... App. Div. 2004). We have in the past strictly construed N.J.S.A. 39:6A-4.5(b) consistent with the Legislature's comprehensive attempt to ...

docket:	a3925-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Published
citation:
Document Size:	29448

8 MELANIE WALCOTT v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 759

... non-economic loss sustained as a result of the accident." N.J.S.A. 39:6A-4.5(b).     Plaintiff thereafter filed suit seeking PIP benefits pursuant to ... eliminated altogether, L. 1997, c. 151, § 13 (current version at N.J.S.A. 39:6A-4.5).     Significantly, the Legislature addressed exclusions from PIP coverage separately. As ... insurance and overburdened court calendars. Thus, in 1985, it enacted N.J.S.A. 39:6A-4.5. While Section 7 addresses limitations on first-party claims, Section ... as a result of an accident arising from such conduct. [ N.J.S.A. 39:6A-4.5.] Only subsection (b) of the amended statute is at issue ... streamline the judicial process and generally broaden first-party coverage, N.J.S.A. 39:6A-4.5 and N.J.S.A. 39:6A-7 should be ... this lawsuit are not uncompensated losses within the meaning of N.J.S.A. 39:6A-4.5's statutory bar. On this score, we find nothing ...

docket:	a5569-03
court:	njappellate
decided:	2005-04-13
status:	published
citation:	376 N.J. Super. 384
Document Size:	26511

9 STEPHANIE JOSEPHS v. CHRISTINA M. HEPP -- rank: 730

... defendant filed a motion for summary judgment. Defendant argued that N.J.S.A. 39:6A-4.5(a) precludes plaintiff from bringing an action in this State ... placed his decision on the record. The judge found that N.J.S.A. 39:6A-4.5(a) bars plaintiff from bringing an action in New Jersey ... Plaintiff argues that the trial court erred by finding that N.J.S.A. 39:6A- - 4.5(a) precludes her from bringing an action to recover the ... 75-76.1 However, as the Court held in Dziuba, N.J.S.A. 39:6A-4.5(a) does not preclude a person from pursuing a claim ... auto insurance for that vehicle. Therefore, as held in Dziuba, N.J.S.A. 39:6A-4.5(a) does not preclude plaintiff from seeking recovery of the ... vehicle. III. Here, the motion judge found that even if N.J.S.A. 39:6A-4.5(a) does not preclude plaintiff from maintaining an action ...

docket:	a1474-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Unpublished
citation:
Document Size:	31346

10 Robert B. Beim v. Trevor R. Hulfish -- rank: 725

... her son, had he survived, would have been barred by N.J.S.A. 39:6A-4.5(a). 207 N.J. at 598-602, 605. 7 Citing ... alleged tortfeasor as a consequence of the statutory bar. See N.J.S.A. 39:6A-4.5(a). His heirs do not have any greater right than ... to 1:9 at 2-30 (2d ed. 1975)). 7 N.J.S.A. 39:6A-4.5(a), a provision of New Jersey’s Automobile Insurance Cost ...

docket:	A-33-12
court:	NJ Supreme Court
decided:	2014-01-28
status:
citation:
Document Size:	93895

11 ALMA GUERRERO v. HELEN COLLEEN MOORE -- rank: 713

... judge found plaintiff's suit must be dismissed pursuant to N.J.S.A. 39:6A-4.5 for "failure to maintain the required medical expense coverage." This ... Pennsylvania, and therefore, she should not be considered "uninsured" under N.J.S.A. 39:6A-4.5(a). We disagree. Because plaintiff's Pennsylvania insurance did not ... J.S.A. 39:6A-4. Additionally, the statute at N.J.S.A. 39:6A-4.5(a) places a bar on the ability to sue if ... 39:6A-4; therefore, plaintiff is barred from suit under N.J.S.A. 39:6A-4.5(a). Although plaintiff's car was insured by Infinity in ... comply with mandatory insurance requirements and the bar imposed by N.J.S.A. 39:6A-4.5. We reject plaintiff's argument the trial judge's interpretation of N.J.S.A. 39:6A-4.5 leads to a result where new residents in the ...

docket:	a4197-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-05
status:	unpublished
citation:
Document Size:	24923

12 ADAM M. HABER v. FAITH N. GERULDSEN -- rank: 694

... S.A. 39:6A-4, rendering plaintiff culpably uninsured under N.J.S.A. 39:6A-4.5(a). In opposing summary judgment, plaintiff argued he was not ... New York policy through State Farm Insurance Company.' Thus, applying N.J.S.A. 39:6A-4.5, the judge held plaintiff had 'no cause of action for ... non-economic damages for drivers not insured in accordance with N.J.S.A. 39:6A-4.5. On appeal, plaintiff raises the same arguments presented to the ... 000 in PIP benefits, in accordance with New Jersey law. N.J.S.A. 39:6A-4.5 governs the coverage requirements to be fully insured under New ... a result of an accident while operating an uninsured automobile. [N.J.S.A. 39:6A-4.5(a).] In reviewing plaintiff's argument, we consider the policy goals underlying the Legislature's adoption of N.J.S.A. 39:6A-4.5(a). In enacting no-fault automobile insurance laws, the ...

docket:	a0775-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-03
status:	Unpublished
citation:
Document Size:	20391

13 ASHOK A. MODY v. GERALDINE BROOKS et al. -- rank: 687

... 1 to -35. (No Fault Act or "Act"), in particular N.J.S.A. 39:6A-4.5, which provides:         Failure to maintain required medical expense coverage; effect ... Law , supra , at § 4:3-8. In particular, AICRA amended N.J.S.A. 39:6A-4.5. Monroe v. City of Paterson , 318 N.J. Super. 505 ... expense benefits, and recoveries for bodily injuries. The language of N.J.S.A. 39:6A-4.5 is to impose a disability on those persons who did ... an uninsured motorist claim for her alleged personal injuries under N.J.S.A. 39:6A-4.5).     The trial court focused on the definition of "economic loss ... development of the statutory and case law, we conclude that N.J.S.A. 39:6A- 4.5(a) is applicable only where the automobile accident victim has ... record that indicates that plaintiff has sustained bodily injuries, and N.J.S.A. 39:6A-4.5(a) does not bar plaintiff's claim for property ...

docket:	a5002-99
court:	njappellate
decided:	2001-04-16
status:	published
citation:	339 N.J. Super. 392
Document Size:	23199

14 JUAN GUITERREZ-GANAN v. ALLSTATE INSURANCE COMPANY -- rank: 682

... claims. We hold that plaintiff's claims are barred by N.J.S.A. 39:6A-4.5, which precludes a person from recovering economic or non- economic ... held that plaintiff's claims against Allstate were barred under N.J.S.A. 39:6A-4.5(a). In that decision, the trial court rejected plaintiff's ... that his claims for personal injuries are not barred by N.J.S.A. 39:6A-4.5(a). We reject plaintiff's argument as inconsistent with the ... 2020). The issue on this appeal involves the interpretation of N.J.S.A. 39:6A-4.5 as applied to the undisputed material facts. When discerning the ... 3-17.1(a), (b). In 1997, the Legislature amended N.J.S.A. 39:6A-4.5 to limit the ability of persons injured in motor vehicle ... a result of an accident while operating an uninsured automobile. [ N.J.S.A. 39:6A-4.5(a) (citations omitted).] A-0646-20 6 That statutory ...

docket:	a0646-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-01
status:	Unpublished
citation:
Document Size:	17579

15 KENNETH FRANCO, v. FAIRLEIGH DICKINSON UNIVERSITY -- rank: 634

... contention that plaintiff was precluded from bringing a suit under N.J.S.A. 39:6A-4.5(b) because plaintiff had pled guilty to driving while intoxicated. Id. at 416-17. A-3055-18 24 N.J.S.A. 39:6A-4.5(b) bars a person who is convicted of or pleads ...

docket:	a3055-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-25
status:	Published
citation:
Document Size:	70910