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VITTY v. D.C.P. CORP.

268 N.J. Super. 447 (1993)

633 A.2d 1040

KENNETH R. VITTY, SR., ADMINISTRATOR OF THE ESTATE OF KENNETH ROGER VITTY, JR., PLAINTIFF, v. D.C.P. CORP., J.C. TOWING, INC., DEFENDANT-APPELLANT, v. THE NEW JERSEY HIGHWAY AUTHORITY, DEFENDANT-RESPONDENT, AND JOSEPH L. VICARO, VERONICA E. GERARDI, THE GARDEN STATE PARKWAY AUTHORITY, DEE & GEE, INC., T/A CONRAD'S, THE ASSEMBLY POINT AND JOHN DOE I (FICTITIOUS NAME USED TO DESCRIBE AN UNKNOWN DEFENDANT), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1993.

Attorney(s) appearing for the Case

Cynthia N. Hoen argued the cause for appellant (Maloof, Lebowitz & Bubb, attorneys; Ms. Hoen, on the brief).

Andrew Bayer argued the cause for respondent (DeCotiis & Pinto, attorneys; Mr. Bayer, of counsel; Michael S. Caro, on the brief).

Before Judges PETRELLA, BAIME and CONLEY.

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

The New Jersey Highway Authority (NJHA) engaged J.C. Towing, Inc. (Garage) to perform towing and wrecking services on the Garden State Parkway. As part of the agreement, Garage promised to defend and indemnify liability claims "arising out of" the license contract. Kenneth Vitty, an employee of Garage, was killed when the tow truck in which he was seated was struck...

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