Caballero v. Martinez

LISA, J.A.D.,

dissenting.

The issue in this ease is whether plaintiff, Victor Manuel Caballero, a Mexican national illegally living in the United States, is a “resident of the State” and therefore a “qualified person” under N.J.S.A. 39:6-62, eligible to collect benefits from the Unsatisfied Claim and Judgment Fund (UCJF) for injuries suffered in a motor vehicle accident. Plaintiff meets all other eligibility requirements of the UCJF Law, N.J.S.A. 39:6-61 to-90.1. By adopting the Law Division opinion, the majority holds, in effect, that an undocumented alien cannot be a bona fide resident of New…