O'TOOLE v. CARR


786 A.2d 121 (2001)

345 N.J.Super 559

Adrienne L. O'TOOLE, Charles F. O'Toole, Plaintiffs-Respondents, and Sara O'Toole and Christine O'Toole, minors, through their parents and natural guardians, Charles and Adrienne O'Toole, Plaintiffs, v. Paul J. CARR, Defendant-Respondent, and Murray and Carr, Defendant-Appellant, and Borough of Tuckerton and Township of Eagleswood, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 2001.


Attorney(s) appearing for the Case

William P. Ford, New York City, argued the cause for appellant Murray and Carr (Ford Marrin Esposito Witmeyer & Gleser, attorneys; Mr. Ford and Mary Clare Gartland, of counsel; Mr. Ford, on the brief).

Kenneth R. Austin, Marlton, argued the cause for respondents Adrienne L. O'Toole and Charles F. O'Toole (Flynn, Austin & Associates, attorneys; Mr. Austin, on the brief).

Michelle A. Monte, Sea Girt, argued the cause for respondent Paul J. Carr (Monte, Sachs & Borowsky, attorneys; Ms. Monte, on the brief).

Before Judges CONLEY, LEFELT and LISA.


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

This appeal is generated by an automobile accident caused by defendant Paul J. Carr while driving from his home to his municipal court judgeship employment. The accident victims sued not only Carr but the Murray and Carr law firm in which, at the time of the accident, Carr was a partner.1 The law firm's alleged liability was premised upon...

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