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MONTANEZ v. IRIZARRY-RODRIGUEZ

273 N.J. Super. 276 (1994)

641 A.2d 1079

ANGELINA MONTANEZ, PLAINTIFF-APPELLANT, v. SANTOS IRIZARRY-RODRIGUEZ, DEFENDANT-RESPONDENT, AND CATALDI BUICK DEALERSHIP, GENERAL MOTORS COMPANY, JOHN DOE SUPPLIER, JOHN DOE MANUFACTURER (SUCH NAMES BEING FICTITIOUS AND UNKNOWN), JOINTLY, SEVERALLY, INDIVIDUALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1994.

Attorney(s) appearing for the Case

Montanez & Montanez, attorneys for appellant (Teofilo Montanez, on the brief).

Bruce M. Resnick, attorney for respondent, Santos Irizarry-Rodriguez (Mitchell S. Rosenzweig, on the brief).

Before Judges BRODY, STERN and KEEFE.

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

The principal question presented by this appeal is whether an attorney, assigned by an insurance company to defend an insured in a civil case arising out of a motor vehicle accident, may impeach the insured's credibility on the ground that the attorney was surprised by the insured's testimony. We hold that the attorney may not do so; that his conduct was prejudicial to his client; and that the trial judge's error...

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