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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3152-11T4 KEVIN ROBINSON, Plaintiff-Appellant, v. MICHAEL ZORN, NEW JERSEY TRANSIT CORPORATION, and ANGELO LIONELLI, Defendants-Respondents. ____________________________________ Submitted March 18, 2013 - Decided April 17, 2013 Before Judges Fasciale, Maven and Carroll. On appeal from the Superior Court of New Jersey, Law Division, Camden County, Docket No. L-519-10. Spear, Greenfield & Richman, P.C., attorneys for appellant (Marc F. Greenfield and Jeremy M. Weitz, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondents Michael Zorn and New Jersey Transit Corporation (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Rahat N. Babar, Deputy Attorney General, on the brief). Respondent Angelo Lionelli has not filed a brief. The opinion of the court was delivered by FASCIALE, J.A.D.
APPROVED FOR PUBLICATION April 17, 2013 APPELLATE DIVISION

In this personal injury lawsuit, plaintiff appeals from an order denying his motion to amend his complaint to assert an uninsured motorist (UM) claim against defendant New Jersey Transit (NJT). Plaintiff, an out-of-state uninsured individual,

seeks a ruling from us that would require NJT to provide UM coverage. Because that request is unauthorized under present

statutory law and is more appropriately within the province of the Legislature, we decline to do so and affirm. The judge denied the motion, relying on Ross v. Transport of New Jersey, 114 N.J. 132, 147 (1989). In Ross, the Court

determined that the defendant Transport of New Jersey1 was not obligated to comply with the Compulsory Insurance Law, N.J.S.A. 39:6B-1 to -3, which requires owners of motor vehicles registered or principally garaged in New Jersey to maintain motor vehicle liability insurance coverage for at least the statutory minimum. Id. at 141-42. The Court applied N.J.S.A.

39:6-54, which established a public entity exemption from the Compulsory Insurance Law, and concluded that a public entity, which has not chosen to insure or self-insure, is freed from the obligation to provide UM coverage. Ibid.

1

This defendant was improperly pleaded; NJT had already purchased Transport of New Jersey by the time of the events at issue in Ross. Id. at 134 n.1.

2

A-3152-11T4

The Legislature then performed two important tasks pertinent to our analysis. N.J.S.A. 39:6-54a. In 1987, the Legislature amended And, in 2003, the

L. 1987, c. 428,

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