Search Rutgers Law Library N.J. Court Opinions

1 Maria Perreira and Luciano Perreira v. Michael C. Rediger et als. -- rank: 1000

... consolidated appeals is whether the collateral source rule embodied in N.J.S.A. 2A:15-97, does not allow health insurers who pay medical expenses on ... of compensation for the same injury, thereby eliminating double recovery. N.J.S.A. 2A:15-97 was adopted in 1987. That statute eliminates double recovery by ... consolidated appeals is whether the collateral source rule embodied in N.J.S.A. 2A:15-97 is twofold: to eliminate the double recovery to plaintiffs that ... subrogation or contract reimbursement would reallocate the benefit accorded by N.J.S.A. 2A:15-97 in contravention of the underlying legislative intent Accordingly, we hold ... declaration that Oxford was barred by the collateral source statute, N.J.S.A. 2A:15-97, from asserting a subrogation or reimbursement remedy. That action was ... due to their tortious conduct and that the silence of N.J.S.A. 2A:15-97 “on the subject of subrogation bespeaks its intention not ...

docket:	a-145-99
court:	njsupreme
decided:	2001-06-26
status:
citation:	169 N.J. 399
Document Size:	57039

2 VIRGINIA COCKERLINE v. ERIKA MENENDEZ and KEVIN CLARK and UNITED PARCEL SERVICE, INC. -- rank: 925

... with respect to the validity of the collateral source statute, N.J.S.A. 2A:15-97. After reviewing the record in light of the contentions advanced ... reduction in her award pursuant to the collateral source statute, N.J.S.A. 2A:15-97. Specifically, plaintiff's counsel maintained that the availability of the ... was working. The trial court adopted this argument. Pursuant to N.J.S.A. 2A:15-97: In any civil action brought for personal injury or death ... during which the benefits are payable. The primary purpose of N.J.S.A. 2A:15-97, which abrogated the common law collateral source rule, is to ... social security survivor and death benefits are not excluded from N.J.S.A. 2A:15-97. We agree. The statute does not exempt death benefits that ... s cross-appeal, which also revolves around the relationship between N.J.S.A. 2A:15-97 and federal law. In her cross-appeal, plaintiff contends ...

docket:	a4635-07
court:	superior court appellate division
decided:	2010-02-04
status:	published
citation:	411 N.J. Super. 596 988 A.2d 575
Document Size:	119764

3 MARIA PERREIRA et al. v. MICHAEL C. REDIGER t/a MCR HORTICULTURAL ENTERPRISES and THE PRESERVER INSURANCE COMPANY, as insurer for Michael C. Rediger t/a Horticultural Enterprises, -- rank: 919

... presented by this appeal is whether the collateral source rule, N.J.S.A. 2A:15-97, which prevents a plaintiff from receiving from the tortfeasor a ... of his liability carrier. We are persuaded that nothing in N.J.S.A. 2A:15-97, from the subrogation or reimbursement remedy it had asserted. That ... have not been disclosed. Oxford appeals.     The collateral source statute, N.J.S.A. 2A:15-97, adopted in 1987, upon which the motion judge relied in ... Brothers, Inc. , 85 N.J. 550 , 560 (1981).     But for N.J.S.A. 2A:15-97, we think there would be little doubt of Oxford's ... or affect that well-established common-law right.     In parsing N.J.S.A. 2A:15-97, it is important first to understand both the express and ... rule since 1972 expressed in virtually the same terms as N.J.S.A. 2A:15-97, for which it clearly provided the model. There is, ...

docket:	a4621-98
court:	njappellate
decided:	2000-04-25
status:	published
citation:
Document Size:	28347

4 County of Bergen Employee benefit Plan and the counTy of bergen v. horizon blue cross blue shield of new jersey, acs recovery services, inc primax recoveries, inc and insurance design administrators -- rank: 901

... third-party tortfeasors, are barred by the Collateral Source Rule, N.J.S.A. 2A:15-97 (Section 97). For reasons that follow, we conclude that the ... 1987, New Jersey abrogated the common-law rule by enacting N.J.S.A. 2A:15-97, which provides: In any civil action brought for personal injury ... same position as they were prior to the enactment of N.J.S.A. 2A:15-97." Perreira , supra , 169 N.J. at 411. In Perreira , supra ... allocating the benefit of no-double-recovery to liability carriers, N.J.S.A. 2A:15-97, in turn, barred the Commissioner of Insurance from enacting a ...

docket:	a0616-09
court:	superior court appellate division
decided:	2010-02-24
status:	published
citation:	412 N.J. Super. 126 988 A.2d 1230
Document Size:	56717

5 MARIA PERREIRA et al. v. MICHAEL C. REDIGER t/a MCR HORTICULTURAL ENTERPRISES and THE PRESERVER INSURANCE COMPANY, as insurer for Michael C. Rediger t/a Horticultural Enterprises, -- rank: 879

... presented by this appeal is whether the collateral source rule, N.J.S.A. 2A:15-97, which prevents a plaintiff from receiving from the tortfeasor a ... of his liability carrier. We are persuaded that nothing in N.J.S.A. 2A:15-97, from the subrogation or reimbursement remedy it had asserted. That ... have not been disclosed. Oxford appeals.     The collateral source statute, N.J.S.A. 2A:15-97, adopted in 1987, upon which the motion judge relied in ... Brothers, Inc. , 85 N.J. 550 , 560 (1981).     But for N.J.S.A. 2A:15-97, we think there would be little doubt of Oxford's ... or affect that well-established common-law right.     In parsing N.J.S.A. 2A:15-97, it is important first to understand both the express and ... rule since 1972 expressed in virtually the same terms as N.J.S.A. 2A:15-97, for which it clearly provided the model. There is, ...

docket:	a4281-98
court:	njappellate
decided:	2000-04-25
status:	published
citation:	330 N.J.Super. 455
Document Size:	28159

6 LEONEL SERIO v. FIDELITY GUARANTY INSURANCE UNDERWRITERS INC. -- rank: 839

... the NYSA-ILA lien pursuant to the collateral source rule, N.J.S.A. 2A:15-97, arguing the fund was not fully self- funded and thus ... law, our review is de novo. At issue is whether N.J.S.A. 2A:15-97 is preempted by ERISA. N.J.S.A. 2A:15-97 eliminates the possibility of double-recovery by requiring a deduction ... in determining preemption by ERISA is whether the subject statute, N.J.S.A. 2A:15-97, 'relate[s] to any employee benefit plan[.]' 29 U.S ... 672 (D.N.J. 1996) (concluding that, in that case, N.J.S.A. 2A:15-97, was preempted by ERISA.). On this issue, the legislative history ... second step in considering ERISA preemption is to determine whether N.J.S.A. 2A:15-97 regulates insurance. This 'saving clause' is considered in the ...

docket:	a1152-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-14
status:	Unpublished
citation:
Document Size:	22823

7 JOAN M. RIDER v. TOWNSHIP OF FREEHOLD -- rank: 827

... now consolidate the separate appeals. Applying the collateral source statute, N.J.S.A. 2A:15-97, the court reduced the damage award by $99,785, the ... 4:42-8, and application of the collateral source statute, N.J.S.A. 2A:15-97. The historical and procedural facts relevant to these issues are ... amount of benefits due plaintiff as Rider's surviving spouse. N.J.S.A. 2A:15-97. A. Plaintiff claims the trial court erred in denying prejudgment ... claim error based on the trial court's application of N.J.S.A. 2A:15-97. Plaintiff contends that the court erred by deducting social security ... conclude that the position asserted by BMW is consistent with N.J.S.A. 2A:15-97. In pertinent part, the collateral source statute provides: In any ... construction. DiProspero v. Penn , 183 N.J. 477 , 492 (2005). N.J.S.A. 2A:15-97 does not exempt death benefits that are "similar to" ...

docket:	a2319-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-14
status:	unpublished
citation:
Document Size:	94594

8 JOAN M. RIDER v. TOWNSHIP OF FREEHOLD -- rank: 827

... now consolidate the separate appeals. Applying the collateral source statute, N.J.S.A. 2A:15-97, the court reduced the damage award by $99,785, the ... 4:42-8, and application of the collateral source statute, N.J.S.A. 2A:15-97. The historical and procedural facts relevant to these issues are ... amount of benefits due plaintiff as Rider's surviving spouse. N.J.S.A. 2A:15-97. A. Plaintiff claims the trial court erred in denying prejudgment ... claim error based on the trial court's application of N.J.S.A. 2A:15-97. Plaintiff contends that the court erred by deducting social security ... conclude that the position asserted by BMW is consistent with N.J.S.A. 2A:15-97. In pertinent part, the collateral source statute provides: In any ... construction. DiProspero v. Penn , 183 N.J. 477 , 492 (2005). N.J.S.A. 2A:15-97 does not exempt death benefits that are "similar to" ...

docket:	a2840-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-14
status:	unpublished
citation:
Document Size:	94594

9 KISS V. JACOB -- rank: 796

... a joint tortfeasor for purposes of the collateral-source statute, N.J.S.A. 2A:15-97, the $100,00 that the Kiss's had received in ... The term "benefits" as used in the collateral-source statute, N.J.S.A. 2A:15-97, does not include the proceeds of a plaintiff's settlement ... the Appellate Division's interpretation of the collateral-source statute, N.J.S.A. 2A:15-97. The court below held that the statute allows a court ... plaintiffs' entire award be extinguished. The Appellate Division held that N.J.S.A. 2A:15-97 applied to settlements received from settling parties that a jury ... plaintiffs' total award. II     The Legislature's purpose in enacting N.J.S.A. 2A:15-97 was to do away with the common-law collateral-source ... evidence regarding any of the matters described in this act. [ N.J.S.A. 2A:15-97 (emphasis added).]     The question before us is whether, as ...

docket:	a-47-94
court:	njsupreme
decided:	1994-12-14
status:
citation:	138 N.J. 278
Document Size:	28413

10 MARY WALSH v. STARR TRANSIT -- rank: 793

... Aetna Cas. & Sur. Co. , 138 N.J. 236 (1994), and N.J.S.A. 2A:15-97, plaintiff sought to introduce into evidence $10,000 in medical ... with N.J.A.C. 11:3-7.3(b). N.J.S.A. 2A:15-97 allows a plaintiff to introduce medical bills subject to a ... the medical bills based upon the procedure set forth in N.J.S.A. 2A:15-97. However, we conclude that the error was harmless. The judge ... 12 of our No Fault law. The applicable statute is N.J.S.A. 2A:15-97. N.J.S.A. 2A:15-97, commonly known as the "collateral source rule," states that in ... evidence regarding any of the matters described in this act." N.J.S.A. 2A:15-97. In enacting N.J.S.A. 2A:15-97, " ...

docket:	a4340-06
court:	njappellate
decided:	2008-01-25
status:	published
citation:	*CITE_PENDING*
Document Size:	54445

11 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 716

... compensation which the plaintiff has received. The collateral source statute, N.J.S.A. 2A:15-97, does not apply to monetary awards under the Law Against ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

12 JOSEPH C. SAITTA et al. v. THEODORE HILLER, D.C. -- rank: 709

... for past lost wages pursuant to the collateral-source statute, N.J.S.A. 2A:15-97, to reflect plaintiff's receipt of Social Security disability benefits ... for social security disability benefits. I. Our collateral-source statute, N.J.S.A. 2A:15-97, provides in relevant part: In any civil action brought for ... injuries allegedly incurred" and genuinely duplicates a damages award. See N.J.S.A. 2A:15-97. Plaintiff's pension qualifies as a potential collateral benefit insofar ... specifies that both parties may produce evidence regarding collateral benefits, N.J.S.A. 2A:15-97. Nonetheless, we have concluded that the ultimate burden of producing ... was awarded past lost wages in this action. Pursuant to N.J.S.A. 2A:15-97, the amount of such collateral benefit payments must be deducted ... for the policy period during which the benefits are payable." N.J.S.A. 2A:15-97. This court has determined that a plaintiff, who might ...

docket:	a5167-06
court:	njappellate
decided:	2008-06-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	53173

13 KELLY GREENE v. AIG CASUALTY COMPANY -- rank: 682

... But that ignores the effect of the collateral source rule, N.J.S.A. 2A:15-97. Under our collateral source rule, petitioner would have been obliged ... at 410-414 (explaining that the two-fold purpose of N.J.S.A. 2A:15-97 was to eliminate the double recovery to plaintiffs that flowed ... the compensability of her claim. Because our collateral source rule, N.J.S.A. 2A:15-97, expressly excludes workers' compensation benefits, however, not allowing a lien ...

docket:	a6278-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-16
status:	published
citation:	433 N.J.Super. 59 77 A.3d 515
Document Size:	33663

14 DIANA ACEVEDO v. FLIGHTSAFETY INTERNATIONAL INC -- rank: 672

... amount of fees. We hold that the collateral source statute, N.J.S.A. 2A:15-97, does not apply to LAD cases, and we find no ... 366 , 378 (1995). On this appeal, defendant initially relied on N.J.S.A. 2A:15-97, which provides as follows: In any civil action brought for ... in personal injury cases. The Legislature's purpose in enacting N.J.S.A. 2A:15-97 was to do away with the common-law collateral-source ... Neither the plain language nor the history and purpose of N.J.S.A. 2A:15-97 supports its application to LAD cases. Implicitly acknowledging the weakness ... since 1987, and has never adopted a provision such as N.J.S.A. 2A:15-97 providing for the deduction of unemployment compensation from back pay ...

docket:	a1295-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	published
citation:	449 N.J.Super. 185 156 A.3d 183
Document Size:	32289

15 SHELLEY PRITCHETT v. STATE OF NEW JERSEY -- rank: 648

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court.' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a1956-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-24
status:	Unpublished
citation:
Document Size:	135382