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CAVIGLIA v. ROYAL TOURS OF AMERICA

842 A.2d 125 (2004)

178 N.J. 460

Jorge O. CAVIGLIA and Mabel Brun Caviglia, Plaintiffs-Respondents, v. ROYAL TOURS OF AMERICA and Hector Mundo, Defendants-Appellants, and ABC Corporation, XYZ Company, John Doe Nos. 1-3 (fictitious names for individuals or business entities incorporated in or authorized to do business In the State of New Jersey), Defendants.

Supreme Court of New Jersey.

Decided February 19, 2004.

Attorney(s) appearing for the Case

Floyd G. Cottrell, Newark, argued the cause for appellants (Newman Fitch Altheim Myers, attorneys; Kalliopi P. Kousis, on the brief).

Norberto H. Yaconoi, Paterson, and Kenneth C. Marano argued the cause for respondents (Mr. Yacono, attorney).

Susan Stryker, Trenton, argued the cause for amici curiae Insurance Council of New Jersey, Alliance of American Insurers, American Insurance Association and National Association of Independent Insurers (Sterns & Weinroth, attorneys; Ms. Stryker and Mitchell A. Livingston, on the brief).

Raymond R. Chance, III, Deputy Attorney General, argued the cause for amicus curiae State of New Jersey (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Prince F. Kessie, Deputy Attorney General, on the brief).

Gerald H. Baker, Hoboken, submitted a brief on behalf of amicus curiae The Association of Trial Lawyers of America-New Jersey (Baker, Garber, Duffy & Pedersen, attorneys).

Justice ALBIN delivered the opinion of the Court.

Plaintiff Jorge O. Caviglia owned and operated an uninsured motor vehicle at the time he suffered injuries in an automobile accident. Although faultless in the accident, plaintiff was exposed to a mandatory fine of between $300 and $1,000, a period of community service, and a one-year license forfeiture because of his failure to carry automobile liability insurance. N.J...

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