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BRIERLEY v. RODE

931 A.2d 614 (2007)

395 N.J. Super. 52

Diane BRIERLEY, as Administratrix ad Prosequendum of the Estate of Charles Brierley, deceased, and as Guardian of Kristen Brierley and Jennifer Brierley, dependent children of the deceased, and Diane Brierley, individually, Plaintiff-Appellant v. David S. RODE, Huntley Tavern, and State Farm Insurance Company, Defendants, and The New Summit Car Wash, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 2007.

Attorney(s) appearing for the Case

John C. Emolo, Paterson, argued the cause for appellant (Emolo & Collini, attorneys; Mr. Emolo, on the brief).

G. Christopher Bally, argued the cause for respondent (Edward P. Papalia, Jr., attorney; Mr. Bally, on the brief).

Before Judges COBURN, FUENTES and GRALL.

The opinion of the court was delivered by

COBURN, P.J.A.D.

This wrongful death action arose when plaintiff's decedent, Charles Brierley, was struck at night by a car as he was walking across a county road from Huntley Tavern, where he had just finished eating and drinking, to The New Summit Car Wash, Inc. ("New Summit"), where he had parked his car. Plaintiff settled with the driver for $250,000 and with Huntley Tavern for $875,000. New Summit obtained summary...

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