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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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

2 Joshua Haines v. Jacob W. Taft -- rank: 983

... for $15,000 of coverage -- the minimum amount permitted under N.J.S.A. 39:6A- 4.3(e). Haines exhausted the PIP coverage. He claims to ... paid or collectible under a standard policy,” ibid. (citing N.J.S.A. 39:6A-4.3(e)), Haines and Little were barred from admitting evidence ... to sections 4 and 10 of L. 1972, c. 70 ([ N.J.S.A.] 39:6A- 4 and 39:6A-10), amounts collectible or paid for medical ... subsection d. of section 13 of L. 1983, c. 362 ([ N.J.S.A. 39:6A-4.3), otherwise compensated is inadmissible in a civil action for ... to sections 4 and 10 of L. 1972, c. 70 ([ N.J.S.A.] 39:6A-4 and 39:6A-10), medical expense benefits under a basic ... subsection d. of section 13 of L. 1983, c. 362 ([ N.J.S.A.] 39:6A-4.3). Nothing in this section shall be construed to ...

docket:	a-13-14-17
court:	NJ Supreme Court
decided:	2019-03-26
status:
citation:
Document Size:	102160

3 Denise A. Perrelli v. Bridget Pastorelle -- rank: 976

... 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 ... 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� ... 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 ... 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 ... 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 ... 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 ...

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

4 Caviglia v. Royal Tours of America -- rank: 969

... this appeal, plaintiff challenges the constitutionality of that part of N.J.S.A. 39:6A-4.5a that precludes him from suing the tortfeasor for noneconomic ... and reinstated plaintiff�s claim. The trial court concluded that N.J.S.A. 39:6A-4.5a on due process grounds because the statute does not ... suitably furthers, a legitimate state interest. We also find that N.J.S.A. 39:6A-4.5a does not violate the equal protection rights of uninsured ... 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 ... 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 ...

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

5 COALITION FOR QUALITY HEALTH CARE, et al. v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, DIVISION OF INSURANCE, -- rank: 938

... levy, execution, attachment or other process for satisfaction of debts." N.J.S.A. 39:6A-4(2). See footnote 8 8 The implementing regulation provides that ... 1972, was silent regarding assignability of PIP benefits provided by N.J.S.A. 39:6A-4. L. 1972, c. 70. In 1980, we determined that because ... however, the Legislature abrogated the Richman holding, when it amended N.J.S.A. 39:6A-4 to provide that PIP medical expense benefits "shall not be ...

docket:	a3312-99
court:	njappellate
decided:	2002-03-04
status:	published
citation:	348 N.J. Super. 272
Document Size:	102897

6 Frederick W. Voss v. Kristoffe J. Tranquilino -- rank: 904

... 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 ... 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 ... 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 ... 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 ... 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 ...

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

7 NASIR MEMUDU v. JOSHUA M. GONZALEZ, -- rank: 895

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ' ...

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

8 New Jersey Transit Corporation v. Sandra Sanchez -- rank: 885

... Haines v. Taft, 237 N.J. 271, 284 (2019) (citing N.J.S.A. 39:6A-4 (1973); N.J.S.A. 39:6A-8 (1973)), superseded ... or her household who sustain bodily injury in an accident. N.J.S.A. 39:6A-4. If a named insured elects the limitation-on-lawsuit option ... or paid under a standard automobile insurance policy pursuant to [N.J.S.A. 39:6A-4 and -10], amounts collectible or paid for 22 medical expense ... of any deductibles, copayments or exclusions, including exclusions pursuant to [N.J.S.A. 39:6A-4.3], otherwise compensated is inadmissible in a civil action for ... 39:6A-6 provides in part: The benefits provided in [ N.J.S.A. 39:6A-4 and -10], the medical expense benefits provided in [N.J ... compensation insurance, . . . shall be deducted from the benefits collectible under [N.J.S.A. 39:6A-4 and -10], the medical expense benefits provided in [N. ...

docket:	a-68-18
court:	NJ Supreme Court
decided:	2020-05-12
status:
citation:
Document Size:	108237

9 FEDERICO BENCOSME v. JOSEPH KANNANKARA -- rank: 864

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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

10 Guerline Felix v. Brian V. Richards -- rank: 861

... coverage pursuant to section 4 of L. 1972, c. 70 ([ N.J.S.A.] 39:6A-4) or section 19 of L. 1983, c. 362 ([ N.J ... coverage pursuant to section 4 of L. 1972, c. 70 ([ N.J.S.A.] 39:6A-4) or section 4 of L. 1998, c. 21 ([ N.J ... coverage pursuant to section 4 of L. 1972, c. 70 ([ N.J.S.A.]39:6A-4) or of section 19 of L. 1983, c. 362 ([ N ...

docket:	a-27-18
court:	NJ Supreme Court
decided:	2020-02-26
status:
citation:
Document Size:	80420

11 PEGGY BIRMINGHAM v. TRAVELERS NEW JERSEY INS. CO -- rank: 828

... cross-moved for summary judgment, and asserted that pursuant to N.J.S.A. 39:6A-4.3, Travelers is required 'to provide a minimum of $15 ... the legislative history of New Jersey's no-fault law, N.J.S.A. 39:6A-4, principally relying on Roig, 135 N.J. at 500, and ... do, as any such proposal would need to address that N.J.S.A. 39:6A-4.3 clearly prescribes the minimum statutory limit for medical expense ... Ins. Co. v. LaCroix, 194 N.J. 515 (2008) (stating ' N.J.S.A. 39:6A-4.3 is clear and unambiguous on its face and admits ... New Jersey's no-fault scheme, the legislative history of N.J.S.A. 39:6A-4, and its interpretative case law. N.J.S.A. 39 ... of an accident . . . .' L. 1972, c. 70, § 4 (enacting N.J.S.A. 39:6A-4). Beginning in 1983, the Legislature specified that '[t]he [ ...

docket:	a0429-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-31
status:	Published
citation:
Document Size:	48813

12 STEPHANIE JOSEPHS v. CHRISTINA M. HEPP -- rank: 821

... 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 ... 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 ... 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 ... but fails to maintain medical expense benefits coverage mandated by [ N.J.S.A. 39:6A-4, N.J.S.A. 39:6A-3.1, or N ... death, and property damage. Ibid. Plaintiff also was required by N.J.S.A. 39:6A-4(a) to maintain PIP coverage, regardless of fault, which provides ... PIP coverage providing $250,000 in medical expense benefits; however, N.J.S.A. 39:6A-4(a) states that PIP coverage under a standard policy ...

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

13 JOSHUA HAINES v. JACOB W TAFT -- rank: 819

... elected PIP option allowed in a standard policy pursuant to N.J.S.A. 39:6A-4.3(e). For the reasons that follow, we conclude it ... insurance provider as the primary payer of PIP benefits, see N.J.S.A. 39:6A-4.3(d), Haines did not have health insurance at the ... or paid under a standard automobile insurance policy pursuant to . . . [ N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-10], amounts collectible ... of any deductibles, copayments or exclusions, including exclusions pursuant to . . . [ N.J.S.A. 39:6A-4.3], otherwise compensated is inadmissible in a civil action for ... or paid under a standard automobile insurance policy pursuant to . . . [ N.J.S.A. 39:6A-4]." A standard automobile insurance policy is defined as a "policy with at least the coverage required pursuant to . . . [ N.J.S.A. 39:6A-4]." See N.J.S.A. 39:6A-2(n). ...

docket:	a5503-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	published
citation:
Document Size:	52745

14 GEORGE CASTANO v. WENDELL D. AUGUSTINE -- rank: 819

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

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

15 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 804

... that provided personal injury protection (PIP) benefits, as required by N.J.S.A. 39:6A-4. The policies that USF&G issued to the owners of ... to provide PIP benefits, which include reimbursement of medical expenses, N.J.S.A. 39:6A-4. "Automobile" is defined as: [A] private passenger automobile of a ... for the purpose of determining eligibility for PIP benefits under N.J.S.A. 39:6A-4, the term "automobile" does not include a bus. ����In 1991 ... from a bus is not entitled to PIP benefits under N.J.S.A. 39:6A-4 because a bus is not included in the definition of ... A. 17:28-1.6. Nevertheless, USF&G argues that N.J.S.A. 39:6A-4.2 provides: Primacy of coverages Except as provided in [ N.J.S.A. 39:6A-4.3], the personal injury protection coverage of the named ...

docket:	a5757-03
court:	njappellate
decided:	2005-04-15
status:	published
citation:	376 N.J. Super. 475
Document Size:	33613