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EINWECHTER v. MARCIANO

311 N.J. Super. 492 (1998)

MICHAEL EINWECHTER AND WANDA EINWECHTER, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. LOUISE J. MARCIANO AND STEVEN R. HAMMELL, DEFENDANTS, HURON INSURANCE COMPANY, A MEMBER OF THE HARLEYSVILLE INSURANCE COMPANIES, AND HARLEYSVILLE INSURANCE COMPANIES, DEFENDANTS/THIRD-PARTY PLAINTIFFS-APPELLANTS. STEVEN WARRINER, PLAINTIFF-RESPONDENT, v. LOUISE J. MARCIANO AND STEVEN R. HAMMELL, DEFENDANTS. HURON INSURANCE COMPANY, A MEMBER OF THE HARLEYSVILLE INSURANCE COMPANIES, AND HARLEYSVILLE INSURANCE COMPANIES, DEFENDANTS/THIRD-PARTY PLAINTIFFS-APPELLANTS, v. PENNSYLVANIA NATIONAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT. STEVEN R. HAMMELL, PLAINTIFF, v. LOUISE J. MARCIANO, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1998.

Attorney(s) appearing for the Case

Robert A. Hicken argued the cause for third-party plaintiffs/appellants Huron Insurance Company and The Harleysville Insurance Companies (Capehart & Scatchard, attorneys; Mr. Hicken, of counsel; Alison M. Nissen, on the brief).

Paul R. D'Amato, attorney for respondents Michael Einwechter and Wanda Einwechter.1

Katherine M. Morris argued the cause for respondent Steven Warriner (Westmoreland, Vesper & Schwartz, attorneys; Thomas J. Vesper and Ms. Morris, on the brief).

Susan Petro argued the cause for third-party defendant-respondent Pennsylvania National Insurance Company (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys; Ms. Petro, on the brief).

Before Judges BAIME, BROCHIN and BRAITHWAITE.

PER CURIAM.

On December 6, 1994, at about 8:00 a.m., plaintiffs Michael Einwechter and Steven Warriner were riding in a van driven by defendant Steven R. Hammell and owned by Warriner Construction Company ("Construction Company"). The van was traveling south on the Garden State Parkway. A car driven by defendant Louise J. Marciano, traveling north on the Parkway, crossed the median and collided with Construction Company's van, injuring Hammell, Einwechter, Warriner...

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