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THOMAS v. HARGEST

834 A.2d 409 (2003)

363 N.J. Super. 589

Barbara THOMAS and George M. Thomas, Plaintiffs-Appellants, v. Dorothy HARGEST, as Administrator of the Estate of Johnathan Hargest, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 2003.

Attorney(s) appearing for the Case

Joseph C. Grassi, Wildwood, argued the cause for appellants (Rossi, Barry, Corrado & Grassi, attorneys; Suzanne Pasley, on the brief).

Marc L. Hurvitz, Egg Harbor Township, argued the cause for respondent (Marc L. Hurvitz & Associates, attorneys; William M. Davis, on the brief).

Before Judges KING, LINTNER and BILDER.

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

This case calls for an application of the "entire controversy" doctrine and the principles of mandatory joinder embodied in R. 4:30A.1 The Law Division judge granted summary judgment to defendant. We reverse. We find that dismissal of plaintiff Barbara Thomas' personal injury action was a disproportionately harsh and inequitable remedy in this circumstance.

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