Aversano v. Atlantic Employers Ins. Co

In Aversano v. Atlantic Employers Ins. Co., 290 N.J.Super. 570, 676 A.2d 556 (App.Div.1996), aff'd o.b., 151 N.J. 490, 701 A.2d 129 (1997), the plaintiff, Louis Aversano, asserted that his injuries resulted from "stepping into a pothole in a parking lot as he was walking towards his car with key in hand, right arm extended, reaching for the lock. His wife had 'just about' gotten to the passenger door. Plaintiff first made contact with his car 'on my way down.' " Aversano, supra, 290 N.J.Super. at 572, 676 A.2d 556. There, PIP benefits were determined not owed to the plaintiff because his injury was not as a result of an accident while "entering into" an automobile.