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MOKIENKO v. GREENAN

178 N.J. Super. 657 (1981)

429 A.2d 1109

VALENTINA MOKIENKO AND VICTOR MOKIENKO, HER HUSBAND, PLAINTIFFS, v. ELIZABETH A. GREENAN AND PETER T. GREENAN, INDIVIDUALLY, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division Camden County.

Decided February 4, 1981.

Attorney(s) appearing for the Case

Robert M. Silverman for plaintiffs (Nathan A. Friedman, P.A., attorney).

William L. Lundgren, III for defendants (Green and Lundgren, attorneys).

ROSSETTI, J.S.C.

This motion presents the question of whether a plaintiff uninsured driver may, in a tort damage trial, offer evidence of damages which an insured plaintiff would have recovered under personal injury protection (PIP) benefits of the New Jersey Automobile Reparation Reform Act. N.J.S.A. 39:6A-1 et seq. This issue is unresolved by the act and has not been determined by any court.

N.J.S.A. 39:6A-12 provides:

Evidence...

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