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JIMENEZ v. BAGLIERI

295 N.J. Super. 162 (1996)

684 A.2d 969

JESENIA JIMENEZ, PLAINTIFF-RESPONDENT, v. WILLIAM BAGLIERI, JOHN DOE (NAME BEING FICTITIOUS), ABC CORP. (NAME BEING FICTITIOUS), AND MATERIAL DAMAGE ADJUSTMENT CORP., AS SERVING CARRIER FOR THE MARKET TRANSITION FACILITY, DEFENDANTS, AND SAMUEL FORTUNATO, COMMISSIONER OF INSURANCE AND UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1996.

Attorney(s) appearing for the Case

Jeffrey L. Love argued the cause for appellant (Beattie Padovano, attorneys; Mr. Love, on the brief).

Douglas D. Burgess argued the cause for respondent (Bross, Strickland, Cary, Shapiro, Grossman & Icaza, attorneys; Mr. Burgess, on the brief).

Before Judges BROCHIN and EICHEN.

PER CURIAM.

Plaintiff Jesenia Jimenez was struck and injured by a hit-and-run driver. She sued to recover damages for her injuries and she named the Unsatisfied Claim and Judgment Fund as a defendant pursuant to N.J.S.A. 39:6-78. The Fund moved for summary judgment on the ground that plaintiff was subject to the verbal threshold, N.J.S.A. 39:6A-8a, and that her injuries did not meet the statutory criteria...

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