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PANDYA v. STATE, DEPT. OF TRANSP.

867 A.2d 1236 (2005)

375 N.J. Super. 353

Madhavi PANDYA, as Administratrix ad Prosequendum and General Administratrix of the Estate of Ankit S. Pandya; Madhavi Pandya, Individually; Harivadan C. Patel and Devsmita H. Patel, as Administrators ad Prosequendum and General Administrators of the Estate of Dhaval Patel; Bharat Patel and Falguni Patel, Individually; Manhar Patel and Mina Patel, as Administrators ad Prosequendum and General Administrators of the Estate of Chirag Patel; Manhar Patel, individually; Mina Patel, individually; and Pallavi Zalawadia, Plaintiffs-Appellants, v. STATE of New Jersey and DEPARTMENT OF TRANSPORTATION, Defendants-Respondents, and Jose Martin Matamoros; Toby Hanna Corporation; and Mark R. Farley, Defendants. Estate of Rahul Patel, by his Administrator ad Prosequendum Jigar Patel, Plaintiff-Appellant, v. State of New Jersey, Department of Transportation, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 2005.

Attorney(s) appearing for the Case

Kenneth S. Javerbaum, Springfield, argued the cause for appellants in A-0813-03T2 (Javerbaum, Wurgaft, Hicks & Zarin, attorneys; Mr. Javerbaum, on the brief).

Weiseman Hely DiGioia, Mountainside, attorneys for appellants in A-0957-03T2, join in the brief of appellants in A-0813-03T2.

Karen L. Jordan, Deputy Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Jordan, on the brief).

Before Judges KESTIN, ALLEY and FUENTES.

The opinion of the court was delivered by

ALLEY, J.A.D.

The appeals in these consolidated cases arise out of a horrific October 2000 accident on Route 7 in Jersey City that killed four persons: Rahul Patel (Rahul), the driver of a vehicle that crossed over into the oncoming traffic, and three of Rahul's four passengers. The surviving passenger, the estates of all of the deceased passengers, and their interested relatives...

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