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MIRANDA v. FRIDMAN

276 N.J. Super. 20 (1994)

647 A.2d 167

JUSTO A. MIRANDA AND MARTHA MIRANDA, MANUEL ARAUJO AND MARTHA ARAUJO, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. SHULIM FRIDMAN, RICHARD E. WALLINGFORD, SHORTLINE TERMINAL, INC. A/K/A SHORTLINE TERMINAL AGENCY, INC., HUDSON TRANSIT LINES, CORP., HUDSON TRANSIT LINES, INC. AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANTS-APPELLANTS, AND HYUNDAI MOTOR AMERICA, INTERVENOR-RESPONDENT. SHORTLINE TERMINAL AGENCY, INC., HUDSON TRANSIT LINES AND RICHARD WALLINGFORD, PLAINTIFFS-APPELLANTS, v. HYUNDAI GROUP, HYUNDAI CORPORATION, HYUNDAI MOTOR COMPANY, PARAGON HYUNDAI, HYUNDAI MOTOR AMERICA AND JOHN DOE CORPORATION (1-10) (NAME FICTITIOUS), AND RICHARD ROE COMPANY (1-10) (NAME FICTITIOUS), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 1994.

Attorney(s) appearing for the Case

George Allison argued the cause for appellants (James D. Butler, attorney, Mr. Allison on the brief).

Stephen F. Payerle argued the cause for respondent Hyundai Motor America (Carpenter, Bennett & Morrissey, attorneys, Robert M. Goodman of counsel, and Anne M. Dalena and C. Brian Kornbrek, on the brief).

David S. Lafferty argued the cause for respondent Paragon Hyundai (Breslin & Trovini, attorneys, Mr. Lafferty, on the letter brief).

Before Judges R.S. COHEN, D'ANNUNZIO and WALLACE.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

These appeals result from rulings that damage claims for alleged auto defects were preempted by federal law. We heard them together, and now consolidate them for the purpose of decision.

The injured occupants of a 1987 Hyundai Excel and their spouses sued the driver and owners of a bus ("the bus defendants") that hit the Hyundai. During most of the discovery

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