Aronberg v. Tolbert

In this case, the Supreme Court was called to determine whether the heirs of an uninsured motorist killed in an automobile accident had a rightful claim under the Wrongful Death Act or whether N.J.S.A. 39:6A-4.5(a) extinguished that claim, as it did the survival action. In 2005, Lawrence Aronberg was driving southbound on the New Jersey Turnpike when a tractor trailer careened into the rear of his car, killing him. The truck was operated by Wendell Tolbert and owned by Fleetwood Taggart (Fleetwood Trucking). On the day of the fatal accident, Aronberg, then thirty-four years old, was an uninsured motorist. Just three weeks earlier, Allstate New Jersey Insurance Company (Allstate) had cancelled Aronbergâs automobile insurance policy because of his failure to keep his premiums current. Plaintiff Sheila Aronberg, as General Administratrix of her sonâs Estate, filed a survivorship and wrongful death action against defendants Tolbert and Fleetwood Trucking. The âSurvivorâs Actâ permits an appointed representative to file any personal cause of action that decedent could have brought had he lived. In contrast, the âWrongful Death Actâ provides to decedentâs heirs a right of recovery for pecuniary damages for their direct losses as a result of their relativeâs death due to the tortious conduct of another. The trial court held that because the decedent did not carry insurance at the time of the accident, his estate could not recoup on its survival claim per N.J.S.A. 39:6A-4.5(a), but could recoup on the wrongful death action. The court found that the Wrongful Death Act granted heirs an independent right of recovery, regardless of the decedentâs failure to procure insurance. The Appellate Division granted defendantsâ motion for leave to appeal and in a split decision affirmed. Upon review, the Supreme Court held when an uninsured motoristâs cause of action is barred by the uninsured motorist statute, an heir has no right of recovery under the Wrongful Death Act.