Edward Zabilowicz, Plaintiff-Appellant v. Roslyne Kelsey, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the summary‑judgment ruling that barred the plaintiff from recovering noneconomic damages and remanded for further proceedings. The Court held that the limitation‑on‑lawsuit threshold applies only when the defendant is eligible for New Jersey personal injury protection (PIP) benefits, which the out‑of‑state defendant was not. Consequently, the plaintiff may pursue pain‑and‑suffering damages despite not meeting the statutory injury categories.