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ROIG v. KELSEY

135 N.J. 500 (1994)

641 A.2d 248

MICHAEL ROIG, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. DAVID T. KELSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 19, 1994.

Attorney(s) appearing for the Case

Vincent Jesuele argued the cause for appellant and cross-respondent (Kessler, DiGiovanni and Jesuele, attorneys).

Anthony Bartell argued the cause for respondent and cross-appellant (McCarter and English, attorneys; Andrew T. Berry, of counsel).

Gerald H. Baker argued the cause for amicus curiae, ATLANJ (Baker, Garber, Duffy and Pedersen, attorneys).

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 copayment 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...

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