SMELKINSON v. ETHEL & MAC CORP.


178 N.J. Super. 465 (1981)

429 A.2d 422

GABRIELA SMELKINSON, PLAINTIFF-APPELLANT, v. ETHEL & MAC CORPORATION, A NEW JERSEY CORPORATION, D/B/A MAC DONALD'S BEACH, HERBERT WARD, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1981.


Attorney(s) appearing for the Case

Joseph M. Levinsohn argued the cause for appellant.

Robert V. Haines argued the cause for respondent Herbert Ward (Harwood, Lloyd, Ryan, Coyle, Wulster & Griggs, attorneys; John D. Allen, III, on the brief).

Before Judges ALLCORN, PRESSLER and FURMAN.


The opinion of the court was delivered by PRESSLER, J.A.D.

Plaintiff Gabriela Smelkinson appeals from an order denying her leave to amend her complaint to seek personal injury protection benefits (PIP) pursuant to the New Jersey Automobile Reparation Reform Act (No-Fault Law), N.J.S.A. 39:6A-1 et seq. It appears that if plaintiff is not entitled to relief from that order, she will be irrevocably barred from recovering her considerable medical expenses...

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