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ARONBERG v. TOLBERT

A-9 September Term 2010

25 A.3d 1121 (2011)

207 N.J. 587

Sheila ARONBERG, as General Administratrix and Administratrix ad Prosequendum of the Estate of Lawrence R. Aronberg, deceased, Plaintiff-Respondent, v. Wendell TOLBERT and Fleetwood Taggart d/b/a Fleetwood Trucking, Defendants-Appellants, and Allstate New Jersey Insurance Company, Defendant.

Supreme Court of New Jersey.

Decided August 29, 2011.

Attorney(s) appearing for the Case

John M. Bowens argued the cause for appellants (Schenck, Price, Smith & King, attorneys, Mr. Bowens and Ryder T. Ulon, Florham Park, on the brief).

David E. Maran, Newark, argued the cause for respondent (Maran & Maran, attorneys).

Anthony J. Murgatroyd, Flemington, argued the cause for amicus curiae New Jersey State Bar Association (Richard H. Steen, President, Mr. Murgatroyd and Mr. Steen, on the brief).

Hugh P. Francis submitted a brief on behalf of amici curiae Insurance Council of New Jersey and Property Casualty Insurers of America (Francis & Berry, attorneys).

Justice ALBIN delivered the opinion of the Court.

In this case, a mother brought a survival and wrongful death action on behalf of the estate of her son, an uninsured motorist who was killed by the alleged negligence of another driver. The other driver and his employer (defendants) claimed that the lawsuit was barred by N.J.S.A. 39:6A-4.5(a). That statute provides that any person who fails to maintain statutorily required no-fault insurance "shall have no cause...

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