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THORPE v. WIGGAN

No. A-1995-07T2

963 A.2d 375 (2009)

405 N.J. Super. 68

Hyacinth THORPE, Administratrix Ad Prosequendum & General Administratrix Of The Estate Of Joseph Wiggan, Deceased, Plaintiff-Appellant, v. Jasford WIGGAN, Defendant-Respondent, and BMW of North America, LLC, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 2009.

Attorney(s) appearing for the Case

Jack Wurgaft, Springfield, argued the cause for appellant (Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, attorneys; Mr. Wurgaft, of counsel and on the brief).

Stephen O. Mortenson, Springfield, argued the cause for respondent (Mortenson & Pomeroy, attorneys; Mr. Mortenson, of counsel and on the brief; Karen E. Heller, on the brief).

Before Judges CARCHMAN, R.B. COLEMAN and SIMONELLI.

The opinion of the court was delivered by

SIMONELLI, J.A.D.

This matter involves the tragic death of a four-year-old child, Joseph Wiggan (Joseph), who burned to death while a passenger in a car driven by his father, defendant Jasford Wiggan. Joseph's mother, plaintiff Hyacinth Thorpe, administratrix ad prosequendum and general administratrix of the child's estate, sought damages against defendant for negligence in...

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