Insurance — PIP benefits

The plaintiff, Thamon Wright (Thamon), filed an action against the defendants Aaron Wright (Aaron) and Lisa Wright (Lisa) to recover damages for personal injuries suffered as a result of an incident in which his legs became caught beneath a truck driven by Aaron and owned by Lisa. Thamon also sought to compel the defendant New Jersey Manufacturers Insurance Company (NJM) to pay personal injury protection (PIP) benefits. NJM filed a separate proceeding seeking a declaratory judgment relieving it of the obligation to pay underinsured motorist (UIM) benefits to Thamon. The two cases were consolidated, and NJM obtained summary judgment. The motion judge concluded that there was no issue of fact that Thamon struck Aaron purposefully, thereby intentionally inflicting bodily injury on Aaron and barring Thamon from PIP benefits. The appellate panel reverses, finding Thamon's proofs have sufficient strength to withstand NJM's motion for summary judgment on his PIP claim application. Further, Aaron's conduct, the proximate cause of Thamon's injuries, was accidental. Therefore, the court's summary judgment ruling that Thamon was not entitled to UIM benefits was also in error.

Case Law Alert - 2nd Qtr 2010