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BURNS v. MARKET TRANSITION FAC.

281 N.J. Super. 304 (1995)

657 A.2d 472

ROBERT E. BURNS, PLAINTIFF-RESPONDENT, v. MARKET TRANSITION FACILITY OF NEW JERSEY, CSC INSURANCE SERVICES, HERTZ CLAIM MANAGEMENT, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1995.

Attorney(s) appearing for the Case

Louise Ann Watson argued the cause for appellants (Marshall, Dennehey, Warner, Coleman and Goggin, attorneys; Ms. Watson, on the brief).

Steven L. Kessel argued the cause for respondent (Drazin & Warshaw, attorneys; Mr. Kessel, on the brief).

Before Judges LANDAU, CONLEY and NEWMAN.

The opinion of the court was delivered by NEWMAN, J.S.C. (temporarily assigned).

The issue of first impression raised by this case is whether a good samaritan who sustains injury while rendering aid to a driver trapped in an automobile following a collision is entitled to personal injury protection benefits (PIP) under N.J.S.A. 39:6A-4. The motion judge granted partial summary judgment against plaintiff's PIP carrier, ruling that a person who sustains bodily...

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