Dziuba v. Fletcher
Cases that cite this one
3 later published cases cite this decision.
- Perrelli v. Pastorelle (N.J. 2011)
- STEPHANIE JOSEPHS VS. CHRISTINA M. HEPP (L-3914-16, CAMDEN COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2020)
- Aronberg v. Tolbert (N.J. Super. Ct. App. Div. 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We granted certification in this matter to review the Appellate Division judgment holding that N.J.S.A. 39:6A-4.5a does not bar plaintiffs recovery of non-economic damages under the tortfeasor defendant’s automobile insurance policy. Dziuba v. Fletcher, 382 N.J.Super. 73, 82, 887 A.2d 732 (2005), certif. granted, 186 N.J. 363, 895 A.2d 450 (2006). As the Appellate Division decision noted, plaintiff, an uninsured motorist, was not operating his uninsured vehicle when he was injured in an accident involving defendant’s car. Id. at 76, 887 A.2d 732. In such circumstances, we agree with the Appellate Division that N.J.S.A. 39:6A-4.5a does not preclude an injured plaintiff from recovering non-economic damages under a defendant’s policy of automobile insurance. Accordingly, substantially for the reasons expressed in Judge Weissbard’s opinion, we affirm the Appellate Division’s judgment.
For affirmance — Chief Justice PORITZ and Justices LONG, LaVECCHIA, ZAZZALI, ALBIN, WALLACE, and RIVERA-SOTO — 7.
Opposed — None.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.