SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Sheila Aronberg v. Wendell Tolbert, et al. (A-9-10) (066414)

Argued March 14, 2011 -- Decided August 29, 2011

ALBIN, J., writing for a unanimous Court.

This case involves the interplay between N.J.S.A. 39:6A-4.5(a), which bars a lawsuit for personal injuries by an uninsured motorist, and N.J.S.A. 2A:31-1 to -6, the Wrongful Death Act. Ultimately, the Court must determine whether the heirs of an uninsured motorist killed in an automobile accident have a rightful claim under the Wrongful Death Act or whether N.J.S.A. 39:6A-4.5(a) extinguishes that claim, just as it did the survival action.