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SPRAGUE v. NIAGARA FIRE INS. CO.

239 N.J. Super. 197 (1990)

570 A.2d 1280

BRIAN W. SPRAGUE, A MINOR BY HIS G/A/L RUTH SPRAGUE AND RUTH SPRAGUE, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. NIAGARA FIRE INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND RIDER INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1990.

Attorney(s) appearing for the Case

John R. Orlovsky argued the cause for appellants (Orlovsky, Moody & Gabrysiak, attorneys; John R. Orlovsky, on the brief).

Charles Peter Hopkins, II argued the cause for respondent (Richard J. Sauerwein, attorney; Charles Peter Hopkins, II, on the brief).

Before Judges BRODY and SKILLMAN.

The opinion of the court was delivered by BRODY, J.A.D.

The issue in this appeal is whether plaintiff Brian Sprague (plaintiff) was a pedestrian and therefore entitled to personal injury protection (PIP) benefits from defendant Niagara Fire Insurance Company (Niagara) for serious injuries he received when he was struck by an automobile. The trial judge found that when plaintiff was struck, he was wheeling a moped off the road just after having driven it accidentally...

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