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Giacobbe v. Gassert

Decided: July 1, 1958.

SALVATORE GIACOBBE, PLAINTIFF-RESPONDENT,
v.
FREDERICK J. GASSERT, JR., DIRECTOR OF DIVISION OF MOTOR VEHICLES, DEFENDANT-APPELLANT



Price, Haneman and Schettino. The opinion of the court was delivered by Price, S.j.a.d.

Price

By this appeal defendant challenges a judgment entered in favor of plaintiff against defendant in the Superior Court, Law Division, pursuant to the Unsatisfied Claim and Judgment Fund Law, L. 1952, c. 174, p. 570, as amended N.J.S.A. 39:6-61 et seq. The contention is made that plaintiff was not a resident of New Jersey at the time of the accident and therefore not a qualified person within the meaning of the act and that he failed to file a "Notice Of Intention To Make Claim" within the statutory period.

On June 11, 1955 plaintiff was the victim of a "hit-and-run" driver. The accident occurred at night while plaintiff was walking on United States Avenue in Lindenwold, sometimes referred to in the record as Watsontown, New Jersey. The driver was not apprehended.

As a result of this accident plaintiff suffered comminuted and compound fractures of the tibia and fibula of both legs, as well as shock and a laceration of the scalp.

Plaintiff alleged that he had boarded at the home of Mr. and Mrs. Nicholas Roselli in Lindenwold, N.J. since June 1951. He asserted that prior to that time he had resided in Philadelphia, Pennsylvania, with his parents. He was employed as a laborer by a Philadelphia corporation.

Immediately after the accident plaintiff was accompanied to Our Lady of Lourdes Hospital in Camden by Mrs. Roselli. She declined to accept financial responsibility for him. The hospital records indicate his address as 1644 S. Chadwick Street, Philadelphia.

Plaintiff was discharged from the hospital July 21, 1955. He then had casts on both legs and was confined to a wheelchair. Upon leaving the hospital he returned to the Roselli residence where he was dependent on the Rosellis for his complete care. Sometime in the fall of 1955 Mrs. Roselli learned of the existence of the Unsatisfied Claim and Judgment Fund.

She wrote a letter which was received by the Fund Board November 16, 1955 in which she stated that the plaintiff was a resident of Philadelphia. Her letter was as follows:

"Can you please help me on this problem.

I am taking care of a man who was hit in front of my home June 11, 1955. He was in the hospital for 6 weeks and now with me, since thens.

He was a victim of a hit and run driver. Has both legs broken and still in a cask up to his hips. His resident is Phila, but was at our home more than in Phila. The Lindenwold Police has his case. They take him 3 or 4 times a month to the hospital with the Aublance. He is helpless. From bed to a wheel chair.

Can you please tell me if he can collect any funds for this. He has a big hospital bill and I am taking care of him. His Mom & Dad are 76 and 76 and are unable to care for him.

The hospital

Our Lady of Lourdes

Camden

Salvatore Giacobbe

Age 35

1644 S. Chadwick St.

Phila.

Staying at

Mrs. Nicholas Roselli

315 U.S. Ave.

Watsontown, N.J.

P.O. Berlin, N.J.

Any information will be appreciated. Thank you.

Mrs. Roselli

Police ...


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