YOUNGER v. KRACKE


236 N.J. Super. 595 (1989)

566 A.2d 581

LULA B. YOUNGER AND SHIRLEY SCOTT, PLAINTIFFS, v. GEORGE F. KRACKE, JANE DOE, A FICTITIOUS NAME, AND JOHN DOE, A FICTITIOUS NAME, DEFENDANTS. GEORGE F. KRACKE, THIRD-PARTY PLAINTIFF, v. MARION S. DANIELS AND JOSEPH T. DANIELS, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided August 31, 1989.


Attorney(s) appearing for the Case

John E. Ruggieri for plaintiffs (William J. Ewing, attorney).

Roy R. Macaluso for third-party defendants, Marion S. Daniels and Joseph T. Daniels (Maloof, Lebowitz & Bubb, attorneys).

No appearance for defendant/third-party plaintiff, George F. Kracke (Soriano, Henkel, Biehl, Matthews, Marinello & Riva, attorneys).


OPINION

VILLANUEVA, J.S.C.

This is a negligence action arising out of a three-car automobile accident. Despite the fact that a police report was prepared, the plaintiffs' attorney specifically identified only one driver as a defendant and used "John Doe" and/or "Jane Doe", fictitious names for the other driver, when he filed the complaint on the last day before the statute of limitations would have expired.

The issue is whether the plaintiff, who...

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