Dziuba v. Fletcher

We granted certification in this matter to review the Appellate Division judgment holding that N.J.S.A. 39:6A-4.5a does not bar plaintiffs recovery of non-economic damages under the tortfeasor defendant’s automobile insurance policy. Dziuba v. Fletcher, 382 N.J.Super. 73, 82, 887 A.2d 732 (2005), certif. granted, 186 N.J. 363, 895 A.2d 450 (2006). As the Appellate Division decision noted, plaintiff, an uninsured motorist, was not operating his uninsured vehicle when he was injured in an accident involving defendant’s car. Id. at 76, 887 A.2d 732. In such circumstances, we agree with the…