UNKERT v. GENERAL MOTORS CORP.


301 N.J. Super. 583 (1997)

JAMES W. UNKERT, AN INCOMPETENT BY HIS GUARDIANS AD LITEM, DENNIS J. UNKERT AND SHIRLEY A. UNKERT, AND DENNIS J. UNKERT AND SHIRLEY A. UNKERT, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, CROSS-RESPONDENTS, v. GENERAL MOTORS CORP., DEFENDANT-RESPONDENT, CROSS-APPELLANT. AND ROBERT A. ROGERS, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1997.


Attorney(s) appearing for the Case

Robert A. Vort argued the cause for appellants, cross-respondents (Mr. Vort, on the brief).

Edward J. Fanning argued the cause for respondent, cross-appellant (Tansey, Fanning, Haggerty, Kelly, Convery & Murray, attorneys; Mr. Fanning, of counsel and on the brief; Sharon McConvery, on the brief).

Before Judges DREIER, D'ANNUNZIO and NEWMAN.


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

On October 25, 1988, James Unkert was operating his Chevrolet pickup truck when his vehicle crossed into the oncoming lane and collided with a dump truck. James was immediately rendered unconscious as the result of severe head injuries, including an injury to his brain stem. The injuries rendered James incompetent, and he remains so to date. He resides in a rehabilitation institution.

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