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WIESE v. DEDHIA

806 A.2d 826 (2002)

354 N.J. Super. 256

John WIESE, Plaintiff-Appellant, Elizabeth Wiese, Plaintiff-Respondent/Cross-Appellant, v. Jamir D. DEDHIA and Rutgers Casualty Insurance Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 2002.

Attorney(s) appearing for the Case

Westmoreland, Vesper & Schwartz, attorneys for plaintiff-appellant, John Wiese, and plaintiff-respondent/cross-appellant, Elizabeth Wiese (Kathleen E. Beers, Mark A. Demarco, Hammonton, and R.C. Westmoreland, on the brief).

Youngblood, Corcoran, Lafferty, Stackhouse, Hyberg & Waldman, attorneys for defendants-respondents (Mary D'Arcy Bittner and Chad M. Sherwood, on the brief).

Before Judges CONLEY, NEWMAN and PARRILLO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

This case involves dual issues concerning the applicability of both: (1) R. 4:58-1 to husband and wife plaintiffs whose offer of judgment was rejected by defendant; and (2) R. 4:42-11(b) to an award of future lost earnings. The trial judge found these rules inapplicable and therefore denied plaintiffs' request for attorney's fees, costs and interest, as well as plaintiff husband's request...

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