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O'TOOLE v. CARR

815 A.2d 471 (2003)

175 N.J. 421

Adrienne O'TOOLE and Charles O'Toole, Jr., h/w, Plaintiffs-Appellants, and Christine O'Toole and Sarah O'Toole, minors, by and through their father and guardian ad litem, Charles O'Toole, Jr., Plaintiffs, v. Paul J. CARR and/or John Doe (fictitious name), Defendant-Appellant, and Murray and Carr and/or John Doe # 1-5 (fictitious name), Defendant-Respondent, Borough of Tuckerton and/or John Doe #6-15 (fictitious name), Katherine Carr and/or Jane Doe (fictitious name), TOYOTA Motor Credit Corporation and/or John Doe Corporation (fictitious name), Township Of Eagleswood and/or John Doe # 16-20 (fictitious name), Richard Roe (fictitious name) and/or Richard Roe Company (fictitious name) and/or Richard Roe, Inc. (fictitious name) individually, jointly, severally and/or in the alternative, Defendants.

Supreme Court of New Jersey.

Decided February 19, 2003.

Attorney(s) appearing for the Case

Kenneth R. Austin, Marlton, argued the cause for appellants Adrienne O'Toole and Charles O'Toole, Jr., (Flynn Austin & Associates, attorneys).

Michelle A. Monte, Sea Girt, argued the cause for appellant Paul J. Carr (Monte, Sachs & Borowsky, attorneys).

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

PER CURIAM.

Plaintiff, Adrienne L. O'Toole was injured in an automobile accident caused by defendant, Paul J. Carr, an attorney with the law firm of Murray & Carr. She sued Carr and the law firm. The facts surrounding the accident were described by the Appellate Division as follows:

Most of the particular circumstances are not in dispute. On January 8, 1998, the O'Tooles' vehicle was struck by Carr's vehicle on Route 9 in the Township of Eagleswood. At...

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