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MANETTI v. PRUDENTIAL PROPERTY & CAS. INS. CO.

196 N.J. Super. 317 (1984)

482 A.2d 520

THOMAS P. MANETTI, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE CO., DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 19, 1984.

Attorney(s) appearing for the Case

Stephen B. Fenster argued the cause for appellant and cross-respondent (Fenster, Fenter & Farrell, attorneys; Ivy Paige Adler, on the brief).

Andrew J. Cevasco argued the cause for respondent and cross-appellant (Breslin, Herten & LePore, attorneys).

Before Judges ARD, MORTON I. GREENBERG and TRAUTWEIN.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

The issue on this interlocutory appeal surprisingly seems never to have been decided in a reported appellate decision in this state: Is a party to an action for personal injury protection benefits entitled to a trial by jury?

This case arises from an automobile accident on September 21, 1979 in which plaintiff was operating a vehicle which he owned. He alleges that he sustained serious personal...

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