DZIUBA v. FLETCHER


887 A.2d 732 (2005)

382 N.J. Super. 73

Victor DZIUBA and Alexandra Dziuba, his wife, Plaintiffs-Appellants, v. Scott J. FLETCHER, Kristen L. Vanderhook, Louis H. Vanderhook, and First Trenton Indemnity Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 2005.


Attorney(s) appearing for the Case

S. Caroline Granato, Haddonfield, argued the cause for appellants (Radano & Lide, attorneys; Ms. Granato, on the brief).

Michael G.B. David argued the cause for respondent Scott J. Fletcher (Lewis & David, attorneys; Mr. David, of counsel and on the brief).

Eugene P. Tazzetto, attorney for respondent First Trenton Indemnity Company (Grant W. Keller, on the brief).

Respondents Kristen L. Vanderhook and Louis H. Vanderhook did not submit a brief.

Before Judges CONLEY, WEISSBARD and WINKELSTEIN.


The opinion of the court was delivered by

WEISSBARD, J.A.D.

This appeal presents two unresolved issues in the application of the no-fault law: (1) whether an individual deemed to be an owner, although not the registered owner, of an uninsured vehicle, who is involved in an accident is barred from collecting personal injury protection (PIP) benefits pursuant to N.J.S.A. 39:6A-7b(1), and (2) whether such an uninsured...

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