STAFFORD v. T.H.E. INS. CO.


309 N.J. Super. 97 (1998)

CATHERINE STAFFORD AND WENDELL JONES, PLAINTIFFS-RESPONDENTS, v. T.H.E INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, PAT'S PIZZA AND PUB, T/A THE CLUB MIRAGE, A CORPORATION OF THE STATE OF NEW JERSEY, SABO PULLELLA, T/A THE CLUB MIRAGE, AND PRINCE BAIN, DEFENDANTS-RESPONDENTS, AND ANTHONY D. PULLELLA, T/A THE CLUB MIRAGE, DON LUBIC, EUGENE LAWRENCE, T/A B. NEW YORK PRODUCTIONS, VERNON LAWRENCE, T/A B. NEW YORK PRODUCTIONS, AND ACCURATE INSURANCE AGENCY, A CORPORATION OF THE STATE OF NEW JERSEY, JOINTLY, SEPARATELY OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1998.


Attorney(s) appearing for the Case

Steven J. Polansky, argued the cause for appellant T.H.E. Insurance Company (Spector, Gadon & Rosen, attorneys; Mr. Polansky, on the brief).

Scott E. Becker, argued the cause for respondents Pat's Pizza & Pub, t/a the Club Mirage, and Sabo Pullella, t/a the Club Mirage (Mr. Becker, on the brief).

Edward R. Doughty, argued for the cause for respondents Catherine Stafford and Wendell Jones (Mr. Doughty, on the brief).

Mark A. DeMarco, argued the cause for respondent Prince Bain (Mr. DeMarco, on the brief).

Before Judges LONG, STERN and KLEINER.


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

On November 11, 1994, plaintiffs Catherine Stafford, Wendell Jones and Prince Bain1 were patrons at a nightclub known as Club Mirage located in Atlantic City, New Jersey. At approximately 2:00 a.m. gunfire erupted in Club Mirage and all three patrons were shot. The shots were fired by other patrons and not by Club Mirage employees...

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