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BRADFORD v. KUPPER ASSOCIATES

283 N.J. Super. 556 (1995)

662 A.2d 1004

FRANCES A. BRADFORD, EXECUTRIX OF THE ESTATE OF MILTON E. BRADFORD, DECEASED, PLAINTIFF, v. KUPPER ASSOCIATES, BOROUGH OF TUCKERTON, BOROUGH OF TUCKERTON MUNICIPAL UTILITIES AUTHORITY, OCEAN COUNTY UTILITIES AUTHORITY AND JOHN DOES 1-13 (FICTITIOUS NAMES OF INDIVIDUALS MORE FULLY DESCRIBED HEREIN), DEFENDANTS, AND KUPPER ASSOCIATES, THIRD-PARTY PLAINTIFF-APPELLANT, v. AGATE CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT. JOHN E. WARE, PLAINTIFF, v. AGATE CONSTRUCTION COMPANY, BOROUGH OF TUCKERTON, BOROUGH OF TUCKERTON UTILITIES AUTHORITY, COUNTY OF OCEAN, COUNTY OF OCEAN UTILITIES AUTHORITY, STATE OF NEW JERSEY, KUPPER ASSOCIATES, JOHN DOE, RICHARD DOE, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS (THREE CASES). FRANCES A. BRADFORD, EXECUTRIX OF THE ESTATE OF MILTON E. BRADFORD, DECEASED, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. KUPPER ASSOCIATES, DEFENDANT-RESPONDENT-CROSS-APPELLANT, AND BOROUGH OF TUCKERTON, OCEAN COUNTY UTILITIES AUTHORITY AND JOHN DOES 1-13 (FICTITIOUS NAMES OF INDIVIDUALS MORE FULLY DESCRIBED HEREIN), DEFENDANTS, AND BOROUGH OF TUCKERTON MUNICIPAL UTILITIES AUTHORITY, DEFENDANT-RESPONDENT, AND KUPPER ASSOCIATES, THIRD-PARTY PLAINTIFF-RESPONDENT, v. AGATE CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT. FRANCES A. BRADFORD, EXECUTRIX OF THE ESTATE OF MILTON E. BRADFORD, DECEASED, PLAINTIFF, v. KUPPER ASSOCIATES, BOROUGH OF TUCKERTON, BOROUGH OF TUCKERTON MUNICIPAL UTILITIES AUTHORITY, OCEAN COUNTY UTILITIES AUTHORITY AND JOHN DOES 1-13 (FICTITIOUS NAMES OF INDIVIDUALS MORE FULLY DESCRIBED HEREIN), DEFENDANTS, AND KUPPER ASSOCIATES, THIRD-PARTY PLAINTIFF, v. AGATE CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT. JOHN E. WARE, PLAINTIFF-APPELLANT, v. AGATE CONSTRUCTION COMPANY, BOROUGH OF TUCKERTON UTILITIES AUTHORITY, AND KUPPER ASSOCIATES, DEFENDANTS-RESPONDENTS, AND BOROUGH OF TUCKERTON, COUNTY OF OCEAN, COUNTY OF OCEAN UTILITIES AUTHORITY, STATE OF NEW JERSEY, JOHN DOE, RICHARD DOE, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS. FRANCES A. BRADFORD, EXECUTRIX OF THE ESTATE OF MILTON E. BRADFORD, DECEASED, PLAINTIFF, v. KUPPER ASSOCIATES, BOROUGH OF TUCKERTON; OCEAN COUNTY MUNICIPAL UTILITIES AUTHORITY, AND JOHN DOES 1-13 (FICTITIOUS NAMES OF INDIVIDUALS MORE FULLY DESCRIBED HEREIN), DEFENDANTS, AND BOROUGH OF TUCKERTON MUNICIPAL UTILITIES AUTHORITY, DEFENDANT-APPELLANT, AND KUPPER ASSOCIATES, THIRD-PARTY PLAINTIFF, v. AGATE CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 1995.

Attorney(s) appearing for the Case

Dennis P. Blake argued the cause for appellant/cross-respondent Frances A. Bradford (Brown & Connery, attorneys; Mr. Blake, on the brief).

Daniel McCormack argued the cause for appellant John E. Ware (Mr. McCormack, on the brief).

Thomas D. Monte, Jr. and Frank E. Borowsky, Jr., argued the cause for appellant/respondent/cross-appellant Kupper Associates (Monte & Marriott, attorneys; Mr. Monte, of counsel; Mr. Borowsky, on the brief).

Thomas M. Masick argued the cause for appellant/respondent Tuckerton Municipal Utilities Authority (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, Jr., of counsel; Mary Ann C. O'Brien, on the brief).

Lars S. Hyberg argued the cause for respondent Agate Construction Company, Inc. (McAllister, Westmoreland, Vesper & Schwartz, attorneys; Mr. Hyberg, on the brief).

Before Judges MICHELS, STERN and KEEFE.

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

Plaintiffs appeal from a judgment of no cause following a jury verdict and a denial of their post-verdict motions for judgment N.O.V. and new trial.1

Milton E. Bradford and John E. Ware were employees of Agate Construction Company ("Agate"), which contracted with the Tuckerton Borough Municipal Utilities Authority (...

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