BORYSZEWSKI EX REL. BORYSZEWSKI v. BURKE


882 A.2d 410 (2005)

380 N.J. Super. 361

Matthew BORYSZEWSKI, an infant by his Guardian ad Litem, Witold BORYSZEWSKI Brian Boryszewski, an infant by his Guardian ad Litem, Witold Boryszewski; Timothy Boryszewski, an infant by his Guardian ad Litem, Witold Boryszewski; and Witold Boryszewski, Individually and as Administrator of the Estate of Annette Boryszewski, Plaintiffs—Appellants/Cross-Respondents, v. Cody M. BURKE, North End Mobil, Inc., Jeffrey H. Argast, Gazzani Motors, Inc., Bigelow Chrysler-Plymouth, and Mobil Oil Corporation, Defendants—Cross-Respondents, and Chrysler Corporation, DaimlerChrysler, Inc., Defendant—Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 2005.


Attorney(s) appearing for the Case

Stuart M. Feinblatt, Newark, argued the cause for appellants/cross-respondents (Sills Cummis Radin Tischman Epstein & Gross, attorneys; Mr. Feinblatt, of counsel and, with Vincent R. Lodato and Eric I. Abraham, on the brief).

Richard J. Mirra, Edison, argued the cause for respondent/cross-appellant DaimlerChrysler Corporation (Hanlon Boglioli & Hanlon, attorneys; Mr. Mirra and Robert M. Hanlon, Jr., on the brief).

Gail E. Slaughter, Chatham, argued the cause for cross-respondent Mobil Oil Corporation (McCusker, Anselmi, Rosen, Carvelli & Walsh, attorneys; Joseph T. Walsh, III, and Ms. Slaughter, on the brief).

No brief was filed by any other party.

Before Judges KESTIN, ALLEY and FUENTES.


The opinion of the court was delivered by

KESTIN, P.J.A.D.

This case arises from a motor vehicle accident that resulted in the death of Annette Boryszewski while she was driving a minivan manufactured by defendant Chrysler Corporation, DaimlerChrysler, Inc. (Daimler). Before the initial trial of the matter, plaintiffs' claims against all defendants except Daimler were either settled or dismissed.

Against Daimler, plaintiffs had alleged a product liability...

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