HAWKINS v. HARRIS


141 N.J. 207 (1995)

661 A.2d 284

LINDA HAWKINS, PLAINTIFF-APPELLANT, v. BRIAN HARRIS, STEPHEN HOPKINS, BRAFF, EWH & S, SEARCH INVESTIGATIONS, INC., ALEX TOIA, STATE FARM INSURANCE CO., AND NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION (JUA), DEFENDANTS-RESPONDENTS, AND HANOVER INSURANCE CO., DEFENDANT.

The Supreme Court of New Jersey.

Reargued May 1, 1995.

Decided July 27, 1995.


Attorney(s) appearing for the Case

Eldridge Hawkins argued the cause for appellant.

Hugh Francis argued the cause for respondent New Jersey Automobile Full Insurance Underwriting Association (Francis & Berry, attorneys; Mr. Francis, of counsel; Raymond N. Torres, Jr., on the brief).

David L. Hack argued the cause for respondent State Farm Mutual Automobile Insurance Company (Hack, Piro, O'Day, Merklinger, Wallace & McKenna, attorneys; Mr. Hack, of counsel; Douglas J. Olcott, on the brief).

Thomas F. Quinn argued the cause for respondents Search Investigations, Inc. and Alex Toia (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Quinn, Judith A. Woods, Brian E. Moffitt, on the briefs).

Jeffrey M. Kadish argued the cause for respondents Brian Harris, Stephen Hopkins and Braff, and EWH & S (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

Michael K. Furey argued the cause for amicus curiae New Jersey State Bar Association (William B. McGuire, President, attorney; Mr. Furey, Danielle E. Reid, and Raymond A. Noble, on the brief).


The opinion of the Court was delivered by O'HERN, J.

Plaintiff alleges that in the course of her personal injury action against two motorists, she was subjected to repeated indignities by private investigators acting on behalf of an insurance company and a law firm representing one of the motorists. The Appellate Division has ordered a trial to determine whether defendants intentionally inflicted emotional distress on plaintiff, and whether defendants invaded plaintiff...

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