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WEIMAN v. IPPOLITO

130 N.J. Super. 207 (1974)

326 A.2d 70

RUTH WEIMAN, INDIVIDUALLY, AS ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ROBERT WEIMAN, AND AS GUARDIAN FOR THOMAS ALAN WEIMAN AND RICHARD DAVID WEIMAN, MINORS, PLAINTIFF-RESPONDENT, v. GLORIA WEIMAN IPPOLITO, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT WEIMAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 1974.

Supplemental Opinion September 3, 1974.

Attorney(s) appearing for the Case

Mr. M. Marvin Soperstein argued the cause for Appellant.

Mr. Michael R. Griffinger argued the cause for Respondent (Messrs. Crummy, O'Neill, Del Deo & Dolan, attorneys).

Before Judges CONFORD, HANDLER and MEANOR.

PER CURIAM.

Plaintiff, by a petition for rehearing, to which defendant upon the court's instructions filed an answer in opposition, urges that the allowable credit against the total recovery should be in the amount of $4,000 instead of $8,000 as determined by this court. We had ruled that defendant was entitled to a credit of $8,000 since this was the sum paid by her insurance companies in settlement of the negligence claims in the action. Although not initially raised...

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