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PANNIEL v. DIAZ

871 A.2d 156 (2004)

376 N.J. Super. 597

June PANNIEL, Plaintiff, v. Felix DIAZ, Jr. and Robert Wood Johnson University Hospital at Hamilton, Defendants.

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

Decided February 18, 2004.

Attorney(s) appearing for the Case

Steven Blader, Lawrenceville, for Plaintiff (Szaferman, Lakind, Blumstein, Blader, Lehmann & Goldshore, attorneys).

James J. Breslin, III, Trenton, for Defendants Felix Diaz, Jr. and Robert Wood Johnson University Hospital at Hamilton (Lenox, Socey, Wilgus, Formidoni, Brown, Giordano & Casey, attorneys).

Lawrence N. Lavigne, Bridgewater, as General Counsel for Defendant Robert Wood Johnson University Hospital at Hamilton (Norris, McLaughlin & Marcus, attorneys).

SABATINO, J.S.C.

This case arises out of the recurring scenario in which the same insurance company happens to cover both vehicles involved in a roadway accident. As is often the case, plaintiff in this matter, a driver injured in the collision, pursued personal injury protection (PIP) medical benefits from her insurer in private arbitration, while also bringing a tort action in the Superior Court against the owner and driver of the other vehicle. After an extensive...

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