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SEVERINO v. MALACHI

DOCKET NOS. A-0248-07T3, A-0299-07T3.

975 A.2d 1049 (2009)

409 N.J. Super. 82

Leslie Lauren SEVERINO, Administratix ad Prosequendum of the Estate of Julio Cesar Severino, deceased, Leslie Lauren Severino, Bienvenida De Leon, and Juan E. Severino, Individually, Plaintiffs-Respondents/Cross-Appellants, v. Jermaine MALACHI, Kimberly Kilroy, NJM Group, New Jersey Manufacturers Insurance Company, New Jersey Casualty Insurance Company, and New Jersey Indemnity Insurance Company, Defendants, and New Jersey Re-Insurance Company, Defendant-Appellant/Cross-Respondent. Nayda Rebollo, Administratix ad Prosequendum of the Estate of Yavalier Rodriguez, deceased, Nayda Rebollo, and Pedro E. Rodriguez, Individually, Plaintiffs-Respondents, v. Jermaine Malachi, Kimberly Kilroy, NJM Group, New Jersey Manufacturers Insurance Company, New Jersey Casualty Insurance Company, and New Jersey Indemnity Insurance Company, Defendants, and New Jersey Re-Insurance Company, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 2009.

Attorney(s) appearing for the Case

Joseph A. Campbell, Newark, argued the cause for appellant/cross-respondent New Jersey Re-Insurance Company (McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., attorneys; Thomas F. McGuane, of counsel; Mr. Campbell, on the brief).

Steven Benvenisti, Teaneck, argued the cause for respondent/cross-appellant Leslie Lauren Severino (Davis, Saperstein & Salomon, P.C., attorneys; Mr. Benvenisti, of counsel; Terrence Smith, on the brief).

Andrew C. Abrams argued the cause for respondent Nayda Rebollo (Abrams & Wofsy, Jersey City, attorneys; Mr. Abrams, on the brief).

Before Judges PARKER, YANNOTTI and LeWINN.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

On November 1, 2003, Julio Cesar Severino (Severino) and Yavalier Rodriguez (Rodriguez) drove to Jersey City in a 1980 Toyota owned by Severino's fiancé, Viviana Muniz (Muniz). Severino and Rodriguez exited the vehicle and were struck by an automobile. Severino and Rodriguez died as a result of injuries sustained in the accident.

Plaintiffs filed these actions in the trial court and asserted...

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