Legal Opinion
Roig v. Kelsey
Supreme Court of New Jersey
Decided May 19, 1994PublishedCited by 100 opinions
1Opinion of the Court
The opinion of the Court was delivered by
GARIBALDI, J.
The issue is whether N.J.S.A. 39:6A-12 of the New Jersey Automobile Reparation Reform Act, N.J.S.A 39:6A-1 to -35 (No-Fault Law), prohibits an injured party from recovering from a tortfeasor the medical-expense deductible and twenty-percent co-payment under a personal-injury-protection (PIP) policy. We conclude that the Legislature intended the No-Fault Law to bar that type of fault-based recovery.
I
On January 15, 1990, David Kelsey was a passenger in an automobile driven by his sister when it was struck from behind by an automobile driven…
2Cases cited20 opinions
- Guiseppi v. WallingCourt of Appeals for the Second Circuit · 1944
- NJ Builders, Owners and Managers Association v. BlairSupreme Court of New Jersey · 1972
- Kimmelman v. Henkels & McCoy, Inc.Supreme Court of New Jersey · 1987
- Oswin v. ShawSupreme Court of New Jersey · 1992
- Schierstead v. City of BrigantineSupreme Court of New Jersey · 1959
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3Cited by100 opinions
- DiProspero v. PennSupreme Court of New Jersey · 2005
- Alan J. Cornblatt, PA v. BarowSupreme Court of New Jersey · 1998
- O'CONNELL v. StateSupreme Court of New Jersey · 2002
- Young v. Schering Corp.Supreme Court of New Jersey · 1995
- New Jersey State League of Municipalities v. Department of Community AffairsSupreme Court of New Jersey · 1999
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