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DZIUBA v. FLETCHER

907 A.2d 427 (2006)

188 N.J. 339

Victor DZIUBA and Alexandra Dziuba, husband and wife, Plaintiffs-Respondents, v. Scott J. FLETCHER, Defendant-Appellant, and Kristen L. Vanderhook, Louis H. Vanderhook, Jane Doe Employer (a fictitious name), and First Trenton Indemnity Company, Defendants.

Supreme Court of New Jersey.

Decided October 12, 2006.

Attorney(s) appearing for the Case

Michael G.B. David, Haddonfield, argued the cause for appellant (Lewis & David, attorneys).

Anthony Granato, Philadelphia, PA, argued the cause for respondents (Jarve & Kaplan, attorneys, Moorestown).

PER CURIAM.

We granted certification in this matter to review the Appellate Division judgment holding that N.J.S.A. 39:6A-4.5a does not bar plaintiff's recovery of non-economic damages under the tortfeasor defendant's automobile insurance policy. Dziuba v. Fletcher, 382 N.J.Super. 73, 82, 887 A.2d 732 (2005), certif. granted, 186 N.J. 363

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