During a lengthy session of oral arguments, the New Jersey Supreme Court considered whether a plaintiff struck by an automobile while operating a low-speed electric scooter can be considered a pedestrian and therefore entitled to personal injury protection benefits.

David Goyco, the plaintiff, was operating a Segway Ninebot KickScoot Max on Nov. 22, 2021, when he was struck by an automobile on West Grand Street in Elizabeth. He sustained injuries from the accident and incurred medical expenses. At the time, he was insured by Progressive Insurance under a policy which included no-fault coverage. Goyco filed a claim for PIP benefits but was denied, according to the Appellate Division opinion in the case.

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