A Capehart Scatchard Blog

Tag: Auto Accident

Legislative Update on Haines v. Taft

By on May 30, 2019 in Claims with 0 Comments

I had previously reported on the Supreme Court case of Haines v. Taft, 237 N.J. 271 (2019) which made inadmissible uncompensated medical expenses incurred as a result of an automobile accident that exceeded the plaintiffs’ $15,000 PIP coverage. After I submitted this article, I discussed with plaintiffs’ counsel whether that decision was specifically limited to […]

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Plaintiff in Personal Injury Action Barred from Testifying that his Automobile was Totaled

By on April 26, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Mariusz Kuzian claimed to have suffered personal injuries in a motor vehicle accident caused by the defendant Steven Tomaszewski. During the trial, his lawyer questioned him as to whether his vehicle was totaled in the accident. The issue in Kuzian v. Tomaszewski, 2018 N.J. Super. LEXIS 183 (Law Div. July 12, 2018) was whether […]

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Supreme Court Rules that Plaintiffs Injured in Auto Accident are Barred from Recovering Medical Expenses Less Than $250,000 Statutory Amount Regardless of PIP Coverage Selected

By on March 29, 2019 in Claims with 0 Comments

In Haines v. Taft, 2019 N.J. LEXIS 441 (March 26, 2019), in a split decision, the New Jersey Supreme Court reversed the Appellate Division and found that plaintiffs, who elected a $15,000 PIP coverage, were barred from seeking to recover the amount of their outstanding medical expenses, incurred as a result of an automobile accident, […]

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