MELICK v. STANLEY


174 N.J. Super. 271 (1980)

416 A.2d 415

FRANK H. MELICK, PLAINTIFF, v. JAMES L. STANLEY, AND JAMES L. STANLEY, JR., DEFENDANTS.

Superior Court of New Jersey, New Jersey Superior Court, Law Division Cumberland County.

April 24, 1980.


Attorney(s) appearing for the Case

Robert P. Clark for plaintiff (Clark, Gertler & Hanna, attorneys).

Anthony D. Buonadonna for defendants (Tuso, Gruccio, Pepper, Buonadonna, Giovinazzi & Butler, attorneys).


MILLER, J.S.C.

This is a subrogation action filed in the name of Frank H. Melick by his insurance carrier Nationwide Mutual Insurance Company (Nationwide). At issue is whether Nationwide may recover PIP benefits from defendants in the amount of $10,739.75 representing medical expenses and related benefits paid to plaintiff under a policy of "no-fault" insurance issued in the State of Delaware. The pertinent facts are as follows:

On September 15, 1977 plaintiff...

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