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CABALLERO v. MARTINEZ

869 A.2d 939 (2005)

376 N.J. Super. 175

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

Superior Court of New Jersey, Appellate Division.

Decided March 10, 2005.

Attorney(s) appearing for the Case

Victor M. Covelli, Belmar, for appellant.

Hoagland, Longo, Moran, Dunst & Doukas, L.L.P., New Brunswick, for respondents (Jeffrey C. Maziarz, on the brief; John C. Simons, of counsel).

Before Judges CONLEY, BRAITHWAITE and LISA.

PER CURIAM.

Plaintiff appeals the dismissal following an evidentiary hearing of his complaint against the Unsatisfied Claim and Judgment Fund for automobile accident non-economic damages. The complaint was dismissed based upon the trial judge's conclusion that, at the time of the accident, he was not a "qualified person" as required by N.J.S.A. 39:6-62. On appeal, plaintiff contends:

POINT I: THE TRIAL COURT DISREGARDED THE STATUTORY LANGUAGE IN FINDING...

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