Sprague v. Niagara Fire Insurance

The opinion of the court was delivered by

BRODY, J.A.D.

The issue in this appeal is whether plaintiff Brian Sprague (plaintiff) was a pedestrian and therefore entitled to personal injury protection (PIP) benefits from defendant Niagara Fire Insurance Company (Niagara) for serious injuries he received when he was struck by an automobile. The trial judge found that when plaintiff was struck, he was wheeling a moped off the road just after having driven it accidentally against a stationary van. Concluding that plaintiff was not a pedestrian when his moped collided with the van, the judge reasoned…