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On March 26, the Supreme Court of New Jersey, in a 3-2 decision, reversed an Appellate Division decision which had held that a plaintiff’s medical expenses, over and above those paid by his PIP option, were boardable and recoverable against a tortfeasor. 450 N.J. Super. 295 (App. Div. 2017). The Appellate Division decision made sense, right? Of course. Which is why this author, in a March 19, 2018, New Jersey Law Journal commentary, applauded the Appellate Division decision. So, does the Supreme Court majority decision reversing the well-reasoned Appellate Division make sense? Of course not. And the thorough, well-reasoned dissent of Justice Barry Albin, in support of the Appellate Division decision, makes perfect sense, correct? Of course. Haines v.Taft, ___ N.J. ___ (2019).
Joshua Haines, like many budget-minded consumers, had purchased the $15,000 PIP option. Because, as the result of an auto accident, his medical bills amounted to $43,000, he sought to recover the outstanding balance ($28,000) from the tortfeasor.
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