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RIVERA v. MORALES

862 A.2d 568 (2004)

373 N.J. Super. 494

Carmen RIVERA, Plaintiff-Respondent, v. Luis M. MORALES, Toyota Motor Credit Corp., Alicia Munoz, Bank of America, Defendants, and Liberty Mutual Insurance Company, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 2004.

Attorney(s) appearing for the Case

Kramkowski Fabricant & Bressler, for appellant (Anthony F. Belotta, on the brief).

Larry S. Geller, Maplewood, for respondent (Mr. Geller, on the brief).

Before Judges STERN, S.L. REISNER and GRAVES.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

This case presents the issue whether the $100 per week personal injury protection (PIP) income continuation benefit payable, pursuant to N.J.S.A. 39:6A-4(b), to a temporarily disabled automobile accident victim, must be reduced by the amount of State temporary disability benefits she receives during the period of disability. We hold that the disability benefits must be deducted from the...

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