DANIEL v. STATE, DEPT. OF TRANSP.


239 N.J. Super. 563 (1990)

571 A.2d 1329

ANN DANIEL, EXECUTRIX OF THE ESTATE OF BARBARA RHEM, DECEASED, JAMES RHEM, DEBORAH RHEM, A. RENEE RHEM, INDIVIDUALLY, WILLIAM RHEM AND ANABEL RHEM, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-APPELLANT, AND GEORGE JONES, JR., DEFENDANT-RESPONDENT, AND 5700 ATLANTIC AVENUE CORPORATION, T/A T-K'S PUB, GEORGE JONES, SR., AND JOHN DOE, A FICTITIOUS NAME, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1990.


Attorney(s) appearing for the Case

John M. Armstrong, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; John M. Armstrong on the brief).

Fred M. Klatsky argued the cause for respondent Ann Daniel, Executrix of the Estate of Barbara Rhem, deceased, James Rhem, Deborah Rhem, and A. Renee Rhem, Individually (Klatsky & Klatsky, attorneys: Fred M. Klatsky on the brief).

Kenneth Javerbaum argued the cause for respondents William Rhem and Anabel Rhem (Javerbaum & Wurgaft, attorneys; Anthony P. Valenti on the brief).

The brief of respondent George Jones, Jr., was suppressed.

Before Judges KING, SHEBELL and BAIME.


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

Defendant, the State of New Jersey (State) by the Department of Transportation (DOT), appeals from a judgment in favor of plaintiff Ann Daniel, the executrix of the estate of Barbara Rhem, awarding damages for the death of the decedent as the result of an automobile accident. The accident occurred in the early morning hours of July 5, 1982 when defendant George Jones, Jr., while travelling west on Route 30, crossed...

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