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PFENDER v. TORRES

765 A.2d 208 (2001)

336 N.J. Super. 379

Katherine PFENDER and Walter Pfender, husband and wife, Plaintiffs-Appellants, v. Joseph A. TORRES and Don Rosen Imports, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 2001.

Attorney(s) appearing for the Case

Mark R. Kehoe, Philadelphia, PA, argued the cause for appellants (Monteverde, McAlee, Fitzpatrick, Tanker & Hurd, attorneys; Mr. Kehoe, on the brief).

Mitchell S. Berman, Vineland, argued the cause for respondents (Eisenstat, Gabage, Berman & Furman, attorneys; Mr. Berman and Patricia A. Powell, on the brief).

Friedman, Bafundo & Porter, Cherry Hill, for amicus curiae Association of Trial Lawyers of America (Robert A. Porter, on the brief).

Before Judges COBURN, AXELRAD and LANDAU.

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

In this automobile accident case, plaintiffs filed a pretrial motion for discovery of the defendant-driver's statements to his insurer describing the event. The judge denied the motion on the ground that the statements were protected from discovery by the attorney-client privilege and the work-product rule. Subsequently, a jury found both participants in the accident...

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