ABDEL-RAHMAN v. LUDAS


266 N.J. Super. 46 (1993)

628 A.2d 778

IBRAHIM ABDEL-RAHMAN, AS ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF TAHER ABDEL-BASET, DECEASED, PLAINTIFF, v. GARY L. LUDAS, AHMED ELGETHARY A/K/A AHMED ELGOHORY, AND JOHN ROE (SAID NAME BEING FICTITIOUS AND UNKNOWN), DEFENDANTS. GARY L. LUDAS, THIRD-PARTY PLAINTIFF/APPELLANT, v. OHIO CASUALTY INSURANCE GROUP, THIRD-PARTY DEFENDANT/RESPONDENT. MOHAMMED SHAMS MOHAMMED, PLAINTIFF, v. GARY L. LUDAS, AHMED ELGETHARY AND JOHN DOE (CURRENTLY UNIDENTIFIED OWNER AND OPERATOR OF A MOTOR VEHICLE), DEFENDANTS. GARY L. LUDAS, THIRD-PARTY PLAINTIFF/APPELLANT, v. OHIO CASUALTY INSURANCE GROUP, THIRD-PARTY DEFENDANT/RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1993.


Attorney(s) appearing for the Case

Frank P. Arleo argued the cause for appellant (Arseneault, Donohue, Sorrentino & Fassett, attorneys; Mr. Arleo on the brief and reply brief).

Alan H. Bernstein argued the cause for respondent (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Bernstein on the brief).

Before Judges J.H. COLEMAN, ARNOLD M. STEIN and CONLEY.


The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

On September 17, 1990, Ahmed Elgohory's2 vehicle broke down in the right northbound lane on the Garden State Parkway. Taher Abdel-Baset, one of the passengers, exited the vehicle and began pushing the car to the grassy area next to the right shoulder. Gary L. Ludas, driving another vehicle, struck Elgohory's vehicle. Abdel-Baset was killed in the collision. Mohammed Shams...

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