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SUMNER v. UNSATISFIED CLAIM

288 N.J. Super. 384 (1996)

672 A.2d 731

SHADAWN SUMMER, PLAINTIFF-APPELLANT, v. UNSATISFIED CLAIM AND JUDGMENT FUND AND CLAUDIA S. PENA, DEFENDANTS-RESPONDENTS, AND ANDRE M. SMITH A/K/A JOHN L. WHITAKER AND LUIS F. MEJIA, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1996.

Attorney(s) appearing for the Case

John R. Gorman argued the cause for appellant (Lutz, Shafranski, Gorman and Mahoney, P.A., attorneys; Mr. Gorman, on the brief).

Eric L. Harrison argued the cause for respondent Unsatisfied Claim and Judgment Fund (Methfessel & Werbel, attorneys; Mr. Harrison, on the brief).

Philip G. Pagano, attorney for Claudia Pena, joins in the brief of appellant.

Before Judges KING, LANDAU and KLEINER.

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

Defendant Unsatisfied Claim and Judgment Fund was granted summary judgment on plaintiff Shadawn Sumner's complaint seeking damages for noneconomic loss sustained in an automobile collision on August 16, 1992. On that date, plaintiff was a passenger in an uninsured motor vehicle owned and operated by defendant Andre Smith. Smith's vehicle collided with a vehicle owned

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