Miltner v. Safeco Insurance

GRIFFIN, J. S. C.

One of the questions raised in this action to enforce personal injury protection (PIP) benefits involved the burden of proof.

Plaintiff was injured in an automobile accident. Substantial medical expense and income continuation benefits were paid by defendant. N.J.S.A. 39:6A-4(a) and (b). About six months after the accident and three months after medical treatment had ceased, plaintiff again injured his back while cleaning up his back yard. He contended that this injury was causally related to the automobile accident and seeks additional PIP benefits.

Defendant, relying on…