Esdaile v. Angle

We reverse the judgment of the Appellate Division substantially for the reasons set forth in Judge D’Annunzio’s dissent. See Esdaile v. Hartsfield, 245 N.J.Super. 591, 600-02, 586 A.2d 334 (1991). In doing so we imply no position on whether a recipient of payments in the nature of personal injury protection (PIP) benefits from the Unsatisfied Claim and Judgment Fund (Fund) may maintain a cause of action for those same special damages against a third-party tortfeasor. Nor do we resolve the issue of whether the Fund may seek reimbursement from a third-party tortfeasor for payments in the nature…