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McGOWAN v. BARRY

210 N.J. Super. 469 (1986)

510 A.2d 95

CHARLES J. MCGOWAN, PLAINTIFF, v. COLLEEN D. BARRY AND RICHARD R. BARRY, JR., DEFENDANTS-APPELLANTS, AND ARVIND H. PATEL, DEFENDANT-RESPONDENT. ARVIND H. PATEL AND REKHA PATEL, PLAINTIFFS, v. COLLEEN D. BARRY AND RICHARD R. BARRY, JR., DEFENDANTS. COLLEEN D. BARRY AND RICHARD R. BARRY, JR., PLAINTIFFS-APPELLANTS, v. ARVIND H. PATEL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 23, 1986.

Attorney(s) appearing for the Case

Richard C. Swarbrick argued the cause for appellants Colleen D. Barry and Richard R. Barry, Jr.

Peter H. Spaeth argued the cause for respondent Arvind H. Patel (Wolff, Helies & Duggan, attorneys, Peter H. Spaeth, of counsel and on the brief).

Before Judges MICHELS and STERN.

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

Following a trial as to liability in three consolidated automobile negligence cases, the jury found: (1) plaintiff Colleen D. Barry (Barry) to be 55% negligent and defendant Arvind H. Patel (Patel) to be 45% negligent; and (2) their respective negligence was the proximate cause of the subject motor vehicle accident. Thereafter, Barry and her father, Richard R. Barry, Jr. moved alternatively for either a new...

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