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SALEMKE v. SARVETNICK

800 A.2d 177 (2002)

352 N.J. Super. 319

Lupita SALEMKE, Administratrix of the Estate of Ginger Truan and Lupita Salemke, individually, Plaintiff-Appellant, v. Brian SARVETNICK, Defendant, and Now Management Company, Inc., t/a The Clubhouse, Inc., and State of New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 2002.

Attorney(s) appearing for the Case

Dennis M. Mahoney, Westfield, argued the cause for appellant.

Erik Anderson argued the cause for respondent Now Management Company, Inc., t/a The Clubhouse (Bolan, Jahnsen & Ball, attorneys; Vicki Shea-Connolly, on the brief).

Alfred M. Low-Beer, Trenton, argued the cause for respondent State of New Jersey (David Samson, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Low-Beer, on the brief).

Before Judges STERN, LINTNER and PARKER.

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

Plaintiff, Lupita Salemke, individually and as Administratrix of the Estate of Ginger Truan, filed a wrongful death action arising out of a fatal automobile accident in which Truan was killed instantly while operating her motor vehicle. The accident occurred at the intersection of Route 22 East and Watchung Avenue in North Plainfield at approximately 1:26 a.m on January 13, 1995. Watchung Avenue in a northerly...

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