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VASIL v. ZULLO

238 N.J. Super. 572 (1990)

570 A.2d 464

DENISE A. VASIL, INDIVIDUALLY AS ADMINISTRATRIX OF THE ESTATE OF DANIEL VASIL, DECEASED, AND AS GUARDIAN AD LITEM OF SARAH VASIL AND JONATHAN VASIL, INFANTS, PLAINTIFF-APPELLANT, v. CARMEN ZULLO, IDEAL MOBILE HOME PARK, INC., AND IDEAL HOME SALES, INC., FOREMOST INSURANCE CO., AND NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 1990.

Attorney(s) appearing for the Case

Donald E. Morrice argued the cause for appellant.

Richard L. Ravin argued the cause for respondents Carmen Zullo, Ideal Mobile Home Park, Inc., Ideal Home Sales, Inc. and Foremost Insurance Co. (Budd, Larner, Gross, Picillo, Rosenbaum, Greenberg & Sade, attorneys; Richard L. Ravin, on the brief).

Carol M. Romano argued the cause for respondent New Jersey Manufacturers Insurance Company (Connell, Foley & Geiser, attorneys; Linda A. Palazzolo, of counsel; Carol M. Romano, on the brief).

Before Judges J.H. COLEMAN and SKILLMAN.

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

This case involves claims for personal injury protection (PIP), N.J.S.A. 39:6A-4, and uninsured motorist (UM), N.J.S.A. 17:28-1.1, benefits arising out of a homicide. The decedent, Daniel Vasil, was a passenger in a vehicle operated by Carmen Zullo. The two men had attended a hockey game at the Meadowlands Arena on the evening of December 11, 1985. As they were starting their trip home Zullo...

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