Thursday, May 24, 2018

New Jersey Automobile Reparation Reform Act Applied To Preclude Damages in Pennsylvania Auto Accident Case

In the case of Williams v. Reczynski, No. C-0048-CV-2016-3019 (C.P. Northampton Co. Dec. 14, 2017 Dally, J.), the court granted the Defendant’s Motion In Limine to preclude evidence of medical expenses and non-economic damages in a motor vehicle accident case.  

This matter arose out of a motor vehicle accident that occurred in Pennsylvania.  The Defendants were Pennsylvania residents.  According the allegations in the Complaint, the Plaintiff alleged that she was a resident of New Jersey at the time of the accident.  

During the course of discovery, it was confirmed that the Plaintiff had no insurance on her automobile at the time of the accident.  

The Defendants asserted that New Jersey law should be applied in the matter and that, under New Jersey law, the Plaintiffs should be precluded from seeking economic and non-economic damages pursuant to the New Jersey Automobile Reparation Reform Act.  

According to the Opinion, although Pennsylvania’s Motor Vehicle Financial Responsibility Law does not preclude an uninsured motorist from claiming economic damages, under New Jersey law, an uninsured motorist is precluded from seeking any damages for economic or non-economic losses.  

After completing a conflicts of law analysis, the Northampton County of Court of Common Pleas ruled that New Jersey law should indeed apply on this issue.   Applying that New Jersey law, the court granted the Defendant’s motion to preclude the Plaintiff's damages claims.  

Anyone wishing to review this case may click this LINK.

I send thanks to Attorney John A. Statler and Jason Statler of the Lemoyne, Pa law firm of Johnson & Duffy for bringing this case to my attention.   

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.