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VILLANUEVA v. LESACK

841 A.2d 954 (2004)

366 N.J. Super. 564

Raya VILLANUEVA, Plaintiff-Appellant, v. Burton LESACK, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 2004.

Attorney(s) appearing for the Case

Ian Stuart, Haddon Heights, attorney for appellant.

Styliades, Jackson & Dimeo, attorneys for respondent (Teresa Gerlock Hanni, on the brief).

Before Judges AXELRAD, WINKELSTEIN and LARIO.

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

The primary issue presented by this appeal is whether plaintiff, an automobile accident victim who sustained a displaced fracture in an area of her cervical spine, may maintain a suit for noneconomic losses under the Automobile Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-1.1 to—35, as amended by L. 1998 c. 21, without demonstrating that the injury had a serious...

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