SAMUEL v. DOE


309 N.J. Super. 406 (1998)

MARGARET SAMUEL, PLAINTIFF-APPELLANT, v. JOHN DOE, DEFENDANT. MARKET TRANSITION FACILITY OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARGARET SAMUEL, DEFENDANT-APPELLANT, v. JOHN DOE, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1998.


Attorney(s) appearing for the Case

Pellettieri, Rabstein and Altman, attorneys for appellant (Edward S. Slaughter, Jr., of counsel; Kelley Johnson, on the briefs).

Gebhardt & Kiefer, attorneys for respondent (Robert G. Englehart, on the brief).

Before Judges SHEBELL, A.A. RODRIGUEZ and COBURN.


The opinion of the court is delivered by RODRIGUEZ, A.A., J.A.D.

In deciding this appeal, we hold that R. 4:26-4 which proscribes the entry of a final judgment against a person designated by a fictitious name should be relaxed, pursuant to R. 1:1-2 in order to avoid an injustice.

The circumstances of this case are unusual. Plaintiff, Margaret Samuel, was injured in a single car collision while...

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