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CABALLERO v. MARTINEZ

869 A.2d 969 (2004)

376 N.J. Super. 223

Victor Manuel CABALLERO, Plaintiff, v. Ricardo MARTINEZ, Leroy Smith, The Unsatisfied Claim And Judgment Fund Board, Karen L. Suter, Commissioner of Insurance of the State of New Jersey, Defendants.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided June 4, 2004.

Attorney(s) appearing for the Case

Victor M. Covelli, Belmar, for plaintiff.

Hoagland, Longo, Moran, Dunst & Doukas, L.L.P. (Jeffrey C. Maziarz), New Brunswick, for defendants The Unsatisfied Claim and Judgment Fund Board and Holly Bakke, Commissioner of Insurance of the State of New Jersey.

PERRI, J.S.C.

Defendants Unsatisfied Claim and Judgment Fund Board ("UCJF") and Holly Bakke, Insurance Commissioner of the State of New Jersey, seek a dismissal of plaintiff's claim for non-economic damages on the basis that plaintiff does not meet the definition of a "qualified person" as set forth in N.J.S.A. 39:6-62. The issue presented is whether an undocumented alien, who had been in New Jersey for a period of five months and was subject to deportation...

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