Prinzo ex rel. Puleo v. State Farm Mutual Automobile Insurance Co.

DOWNEY, Judge.

This appeal arises from a final order dismissing the appellants’ complaint with prejudice pursuant to the appellee’s motion to dismiss alleging failure to state a cause of action. The motion to dismiss asserted that the appellants were not entitled to personal injury protection or uninsured motorist benefits under their automobile policy, for injuries sustained by Prinzo, a pedestrian, because the alleged tortfeasor was operating a moped, which the legislature has excluded from the classification of motor vehicles.

With reference to personal injury protection benefits, section…