KOLITCH v. LINDEDAHL


193 N.J. Super. 540 (1984)

475 A.2d 86

STEPHEN KOLITCH, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF ALAN KOLITCH, A MINOR, DECEASED, PLAINTIFF-APPELLANT, v. STEFAN R. LINDEDAHL, ESTATE OF MARILYN BRADLEY AND JOHN A. BRADLEY, DEFENDANTS, AND STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. JOHN A. BRADLEY, AS ADMINISTRATOR AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF PHILIP M. BRADLEY, DECEASED, DAVID A. BRADLEY, DECEASED, AND MARILYN B. BRADLEY, DECEASED; AS ADMINISTRATOR OF THE ESTATES OF PHILIP M. BRADLEY, DECEASED, DAVID A. BRADLEY, DECEASED, AND MARILYN B. BRADLEY, DECEASED; AND INDIVIDUALLY, PLAINTIFF-APPELLANT, v. STEFAN R. LINDEDAHL, DEFENDANT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1984.


Attorney(s) appearing for the Case

Murry P. Brochin argued the cause for appellants (Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, attorneys for John A. Bradley; Wilentz, Goldman & Spitzer, attorneys for Stephen Kolitch; Douglas T. Hague, Judy G. Russell and Murry P. Brochin on the brief).

Benjamin Clarke, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Before Judges FRITZ, FURMAN and DEIGHAN.


The opinion of the court was delivered by FURMAN, J.A.D.

From summary judgment on motion in favor of the State plaintiffs in the two consolidated actions appeal. Both actions arise from a motor vehicle accident which resulted in four deaths on Route 9W in the Borough of Alpine in Bergen County on the night of October 31, 1978. Decedent Marilyn Bradley was driving northbound when her motor vehicle was struck head-on by a motor vehicle driven by defendant Lindedahl...

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