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DeMARY v. RIEKER

302 N.J. Super. 208 (1997)

MARIE A. DeMARY AND LOUIS DeMARY, HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, v. ANNE E. RIEKER, WILLIAM F. RIEKER, INTERSTATE FINANCIAL ADJUSTERS, INC., DEFENDANTS, AND CHASE MANHATTAN SERVICES CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1997.

Attorney(s) appearing for the Case

Kenneth J. Wilbur argued the cause for appellant (Shanley & Fisher, P.C., attorneys; Mr. Wilbur, on the brief).

George J. Abdy argued the cause for respondent, Marie A. DeMary (Mr. Abdy, on the joint brief).

George C. Nardella argued the cause for respondent, Louis DeMary (Nardella & Nardella, attorneys; Mr. Nardella, on the joint brief).

No brief filed on behalf of defendants, Anne E. Rieker, William F. Rieker and Interstate Financial Services, Inc.

Before Judges SHEBELL, BAIME and BRAITHWAITE.

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

Plaintiffs, Marie DeMary and Louis DeMary, instituted the within action for personal injuries they each suffered as a consequence of Chase Manhattan Services Corporation (Chase) ordering repossession of a leased Mercedes automobile. On September 4, 1991 at approximately 5:30 a.m., plaintiffs were awakened by their son, who told them that someone was taking their car. All three went outside, saw William Rieker...

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