DOYLEY v. SCHROETER


191 N.J. Super. 120 (1983)

465 A.2d 583

MARIE DOYLEY AND PAUL DOYLEY, PLAINTIFFS, v. GLORIA C. SCHROETER, ROBERT F. SCHROETER, AUGUST E. SCHNEIDER AND SUBURBAN TRANSIT CORP., DEFENDANTS, AND GLORIA C. SCHROETER AND ROBERT F. SCHROETER, THIRD PARTY PLAINTIFFS, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Mercer County.

Decided May 25, 1983.


Attorney(s) appearing for the Case

Lionel A. Kaplan for plaintiffs (Joseph D. Kaplan & Son, attorneys).

John E. Riehl for defendants-third party plaintiffs, Gloria C. Schroeter and Robert F. Schroeter (Britt and Riehl, attorneys).

David M. Hawkins, Deputy Attorney General for third party defendant, State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).


LENOX, A.J.S.C.

Plaintiffs laid venue in the county of their residence in accordance with R. 4:3-2(a)(3). The State of New Jersey, Department of Transportation was joined as third party defendant and filed this motion to change venue. The State contends that since the accident giving rise to this litigation occurred in Middlesex County, venue must be in that county under R. 4:3-2(a)(2) which places venue in actions against a governmental body, agency...

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