May 16, 2024

On January 29, 2024, Nicole Cassata argued before the Supreme Court of New Jersey on behalf of the New Jersey Defense Association, Amicus Curiae in the matter of  Goyco v. Progressive Insurance Company. In a recent unanimous decision, the Supreme Court agreed with Nicole's argument, ruling that a low speed electric scooter (LSES) rider does not fall within the definition of “pedestrian” for purposes of the No-Fault Act and therefore is not entitled to PIP benefits.  The Court held that while expanding the definition of “pedestrian” to include LSES operators would advance the medical coverage goal, it would undermine the goal of curbing the rise of insurance costs.  Expanding the availability of PIP coverage to LSES operators is properly for the Legislature and not the Court.

Chasan Lamparello
Mallon & Cappuzzo, PC

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Secaucus, NJ 07094
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