CANO v. MALONE


237 N.J. Super. 272 (1989)

567 A.2d 298

LUZ CANO, PLAINTIFF, v. JAMES MALONE, UNSATISFIED CLAIM AND JUDGMENT FUND, JOHN DOE, BEING THE FICTITIOUS NAME OF THE OWNER OF THE UNIDENTIFIED VEHICLE, RICHARD ROE, BEING THE FICTITIOUS NAME OF THE DRIVER OF JOHN DOE'S VEHICLE, STATE FARM INSURANCE COMPANY, AND PENNSYLVANIA NATIONAL MUTUAL INSURANCE CO., DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided September 29, 1989.


Attorney(s) appearing for the Case

Antonio R. Espinosa, for plaintiff.

Michael T. Cooney, for defendant Unsatisfied Claim and Judgment Fund (Hueston, Hueston & Sheehan, attorney).

Kevin R. Dochney for defendant Pennsylvania National Insurance Mutual Insurance Company (Slimm, Dash & Goldberg, attorneys).


MENZA, J.S.C.

The issue in this case is whether the "discovery rule" may be utilized to extend the time in which a notice of intention to make a claim must be filed with the Unsatisfied Claim and Judgment Fund Board, (fund). This question is a novel one.

Defendant Malone was involved in a collision with an unidentified vehicle which caused his vehicle to strike the house in which plaintiff resided. Plaintiff...

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