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CAVIGLIA v. ROYAL TOURS OF AMERICA

809 A.2d 146 (2002)

355 N.J. Super. 1

Jorge O. CAVIGLIA and Mabel Brun Caviglia, Plaintiffs-Respondents, v. ROYAL TOURS OF AMERICA and Hector Mundo, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 2002.

Attorney(s) appearing for the Case

David A. Semple, Newark, argued the cause for appellants (Newman Fitch Altheim Myers, attorneys; Mr. Semple, of counsel; Floyd G. Cottrell, on the brief).

Norberto H. Yacono, Patterson and Kenneth C. Marano, Wyckoff, argued the cause for respondents (Messrs. Yacono and Marano, on the brief).

Prince F. Kessie, Deputy Attorney General, argued the cause on behalf of amicus curiae State of New Jersey (David Samson, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Kessie, on the brief).

Susan Stryker, Trenton, argued the cause on behalf of amicus curiae Insurance Council of New Jersey (Sterns & Weinroth, attorneys; Ms. Stryker, on the brief; Mitchell A. Livingston, on the brief).

Before Judges PRESSLER, CIANCIA and HOENS.

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

Defendants Royal Tours of America and Hector Mundo, its employee, appeal on leave granted from the denial of their motion for summary judgment dismissing the automobile-negligence complaint of plaintiffs Jorge O. Caviglia and Mabel Brun Caviglia, his wife. The motion was based on N.J.S.A. 39:6A-4.5, which, prior to its 1997 amendment, precluded an uninsured...

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