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LUSBY BY AND THROUGH NICHOLS v. HITCHNER

273 N.J. Super. 578 (1994)

642 A.2d 1055

DWAYNE T. LUSBY, A MINOR BY AND THROUGH HIS MOTHER AND GUARDIAN AD LITEM, SHIELA NICHOLS, SHIELA NICHOLS, INDIVIDUALLY, AND DWAYNE LUSBY, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. EDWARD F. HITCHNER AND GEORGE & LYNCH, INC., DEFENDANTS-APPELLANTS, AND THE DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, INTERVENOR-APPELLANT, AND LIBERTY MUTUAL INSURANCE COMPANY AND/OR JOHN DOE INC. (FICTITIOUS NAME), JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 1994.

Attorney(s) appearing for the Case

Burchard V. Martin argued the cause for appellants Edward F. Hitchner and George & Lynch, Inc. (Martin, Gunn & Martin, attorneys; Burchard V. Martin and William J. Martin, on the brief).

Eileen C. Stokley, Deputy Attorney General, argued the cause for intervenor-appellant Division of Medical Assistance and Health Services (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Stokley, on the brief).

Mark S. Gertel argued the cause for respondents Dwayne T. Lusby and Shiela Nichols (Ballen, Gertel & Dicintio, attorneys; Susan P. Drogalis and Mark G. Esposito, on the brief).

Before Judges PRESSLER, DREIER and KLEINER.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

These consolidated appeals, both taken on leave granted, raise important questions of statutory construction of apparently conflicting provisions of the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 to -35, Medicaid,1 the compulsory insurance requirements of N.J.S.A. 17:28-1.4, and statutory collateral...

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