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McLAUGHLIN v. METZNER

201 N.J. Super. 51 (1985)

492 A.2d 696

DERRICK MCLAUGHLIN, PLAINTIFF-RESPONDENT, v. WILLIAM METZNER, DEFENDANT, AND ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1985.

Attorney(s) appearing for the Case

John P. Dwyer argued the cause for appellant (Carpenter, Bennett & Morrissey, attorneys; Silvio J. DeCarli, on the brief).

Victoria H. Schwartz argued the cause for respondent (James D. Butler, P.A., attorney).

Before Judges FRITZ, GAULKIN and LONG.

The opinion of the court was delivered by GAULKIN, J.A.D.

The sole question raised by this appeal is whether the limitation period fixed by N.J.S.A. 39:6A-13.1a for the commencement of an action for the payment of PIP benefits is tolled until the claimant attains the age of 21. We hold that the statute is not so tolled.

Plaintiff filed this action on December 22, 1982. He alleged that he had been injured...

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