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PODIAS v. MAIRS

926 A.2d 859 (2007)

394 N.J. Super. 338

Sevasti PODIAS, Administratrix ad Prosequendum and General Administratrix of the Estate of Antonios N. Podias, Deceased, and Sevasti Podias, Individually, Plaintiff-Appellant, v. Michael J. MAIRS, John M. Mairs, Patricia Uribe, Luz R. Crousillat-Uribe, Thomas Chomko, Daniel Chomko and Anne Chomko, Defendants, and Andrew K. Swanson, Jr. and Kyle Charles Newell, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 2007.

Attorney(s) appearing for the Case

Jeffrey A. Peck, Florham Park, argued the cause for appellant Sevasti Podias (Drinker, Biddle & Reath, attorneys; Mr. Peck and Jodi Sydell Rosenzweig, on the brief).

Aldo J. Russo, Livingston, argued the cause for respondent Andrew K. Swanson, Jr. (Russo & Della Badia, attorneys; Mr. Russo, on the brief).

Frank P. Menaquale, argued the cause for respondent Kyle Charles Newell (Michael J. Dunn, attorney; Mr. Menaquale, on the brief).

Before Judges LEFELT, PARRILLO and SAPP-PETERSON.

The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is whether passengers in a car may, in certain circumstances, owe a duty to a pedestrian struck by a driver who is either unwilling or unable to seek emergency aid or assistance himself. Plaintiff Sevasti Podias, Administratrix of the estate of decedent Antonios Podias (Podias), appeals from the summary judgment dismissal of his wrongful death and...

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