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CASINELLI v. MANGLAPUS

858 A.2d 1113 (2004)

181 N.J. 354

Jenevieve CASINELLI, Plaintiff-Respondent, v. Wilfredo MANGLAPUS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 22, 2004.

Attorney(s) appearing for the Case

William C. Carey, Morristown, argued the cause for appellant (McElroy, Deutsch & Mulvaney, attorneys; Mr. Carey and Nicole S. Alexander, on the briefs).

John N. Giorgi argued the cause for respondent (Peter M. Rozano, attorney).

Justice LONG delivered the opinion of the Court.

The question presented on this appeal is whether a plaintiff, who belatedly files a physician certification under the New Jersey Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1 to -34, must suffer the dismissal of his or her complaint or whether remedies short of dismissal will suffice. We hold that the physician certification is neither a fundamental...

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