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VOSS v. TRANQUILINO

No. A-5431-08T1.

FREDERICK VOSS, Plaintiff-Respondent, v. KRISTOFFE J. TRANQUILINO, JAIME A. TRANQUILINO, Defendants, and TIFFANY'S RESTAURANT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 2010.

Attorney(s) appearing for the Case

Richard S. Ranieri argued the cause for appellant (Weber Gallagher Simpson Stapleton Fires & Newby LLP, attorneys; Mr. Ranieri and H. Benjamin Sharlin, on the briefs).

William A. Wenzel argued the cause for respondent.

Before Judges Lisa, Baxter and Alvarez.

The opinion of the court was delivered by

LISA, P.J.A.D.

N.J.S.A. 39:6A-4.5(b) provides that a driver of a motor vehicle who is convicted of or pleads guilty to driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), in connection with an accident "shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of the accident." The issue in this appeal is whether this statutory provision...

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