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ESCHLE v. EASTERN FREIGHT WAYS, INC.

128 N.J. Super. 299 (1974)

319 A.2d 786

ELLEN ESCHLE, AN INFANT BY HER G/A/L, KARL ESCHLE AND KARL ESCHLE AND MARGARET ESCHLE, INDIVIDUALLY, PLAINTIFFS, v. EASTERN FREIGHT WAYS, INC., JANET SHERWIN AND GREGORY P. SHERWIN, DEFENDANTS/THIRD PARTY PLAINTIFFS, v. RICHARD J. CARLSON AND TRANS-AMERICA INSURANCE COMPANY, THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

April 19, 1974.

Attorney(s) appearing for the Case

Mr. Clifford J. Sheehan argued the motion for plaintiffs (Messrs. Hueston and Hueston, attorneys).

Mr. Kenneth J. Grispin argued the motion for defendants and third-party plaintiffs Janet Sherwin and Gregory P. Sherwin (Messrs. Shear and Kraus, attorneys).

Mr. Richard J. Sauerwein argued the motion for third-party defendant Richard J. Carlson.

DREIER, J.D.C., Temporarily Assigned.

Defendant Richard J. Carlson has moved for an order dismissing the amended complaint as to him on the ground that it fails to state a claim upon which relief may be granted. A companion motion requests severance of the claims if the first motion is denied. The case is one of novel impression in New Jersey and, for the reasons hereinafter stated, the motion for dismissal must be denied.

Plaintiff was a passenger in a vehicle...

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