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THIEDEMANN v. MERCEDES-BENZ USA

849 A.2d 196 (2004)

369 N.J. Super. 402

Kenneth THIEDEMANN, Plaintiff, and Brian Flaherty and Barbara Flaherty, husband and wife, and Yuet Lan Lam, in their own right and as on behalf of all others similarly situated, Plaintiffs-Appellants, v. MERCEDES-BENZ USA, LLC, f/k/a Mercedes-Benz USA, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 2004.

Attorney(s) appearing for the Case

Peter Russell Kohn, Philadelphia, PA (Berger & Montague) of the Pennsylvania bar, admitted pro hac vice, argued the cause for appellants (Wilentz, Goldman & Spitzer, attorneys; Thomas J. Bernardo on the brief).

James F. Bennett, St. Louis, MO (Bryan Cave) of the Missouri bar, admitted pro hac vice, argued the cause for respondent (Graham, Curtin & Sheridan, attorneys; Thomas R. Curtin and Kathleen N. Fennelly on the brief).

Before Judges CARCHMAN, WECKER and WEISSBARD.

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

Plaintiffs, Brian Flaherty, Barbara Flaherty (the Flahertys) and Yuet Lan Lam (Lam) appeal from an order of summary judgment dismissing their complaint against defendant, Mercedes-Benz U.S.A., LLC, formerly known as Mercedes-Benz U.S.A., Inc. (Mercedes). We reverse.

The original plaintiff in the underlying suit was Kenneth Thiedemann who filed a three count complaint, on his own behalf and on behalf...

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