BAUER v. NESBITT


942 A.2d 882 (2008)

399 N.J. Super. 71

Kathleen V. BAUER, Administratrix ad prosequendum for the Estate of James Allan Hamby, and Individually, Plaintiff-Appellant v. Frederick NESBITT, III, driver, Julia Nesbitt, owner, Defendants, and C View Inn, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 2008.


Attorney(s) appearing for the Case

R.C. Westmoreland, argued the cause for appellant (Westmoreland Vesper & Quattrone, attorneys, West Atlantic City; Mr. Westmoreland and Kathleen F. Beers, on the brief).

Terence M. King, argued the cause for respondent.

Before Judges AXELRAD, PAYNE and SAPP-PETERSON.


The opinion of the court was delivered by

PAYNE, J.A.D.

Kathleen Bauer, suing as the administratrix ad prosequendum of the estate of James Allan Hamby and individually, appeals from an order of summary judgment dismissing her wrongful death and survivorship claims against a Cape May bar and restaurant, the C View Inn, arising from a single-ear motor vehicle accident, occurring on September 3, 2003, caused by the car's intoxicated nineteen-year-old driver...

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