McKENNA v. WISKOWSKI


181 N.J. Super. 482 (1981)

438 A.2d 355

JASON MCKENNA, AN INFANT BY HIS GUARDIAN AD LITEM, EDWARD MENKEVICH AND EDWARD MENKEVICH AND CATHERINE MENKEVICH, INDIVIDUALLY, PLAINTIFFS, v. JOAN H. WISKOWSKI, DIRECTOR, DIVISION OF MOTOR VEHICLES OF STATE OF NEW JERSEY AND MONARCH INSURANCE COMPANY OF OHIO, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Camden County.

Decided August 26, 1981.


Attorney(s) appearing for the Case

Louis J. Kotlikoff for plaintiff (Taylor, Kotlikoff, Schwartz & Taylor attorneys).

Robert N. Kaplan for defendant Wiskowski (Yampell & Cosentino attorneys).

Murray Miller for defendant Monarch Insurance Company (Bennett & Bennett attorneys).


DEIGHAN, J.S.C.

This is a declaratory judgment action to determine eligibility for personal injury protection (PIP) benefits under the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1, et seq. The minor plaintiff, Jason McKenna, age seven, sustained serious personal injuries arising out of a moped-automobile accident, the hospital bill alone amounting to $6,827.89. The facts are not in dispute; all parties move for summary judgment.

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