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COCKERLINE v. MENENDEZ

Docket No. A-4635-07T1

988 A.2d 575 (2010)

411 N.J. Super. 596

Virginia COCKERLINE, as General Administratrix and Administratrix ad Prosequendum of the Estate of Mark Cockerline, Plaintiff-Respondent/Cross-Appellant, v. Erika MENENDEZ, Defendant, and Kevin Clark and United Parcel Service, Inc., Defendants-Appellants/Cross-Respondents. Brigitte Nguyen, Plaintiff, v. Erika M. Menendez, Kevin Clark, and United Parcel Service, Inc., Defendants, and Erika M. Menendez, Defendant/Third-Party Plaintiff, v. Virginia Cockerline, as General Administratrix and Administratrix ad Prosequendum of the Estate of Mark Cockerline, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 2010.

Attorney(s) appearing for the Case

Caryn L. Lilling (Mauro Goldberg & Lilling) argued the cause for appellants/cross-respondents (Wilson Elser Moskowitz Edelman & Dicker, and Ms. Lilling, attorneys; William Riina and Ms. Lilling, of counsel and on the brief).

Elizabeth H. Hamlin argued the cause for respondent/cross-appellant (Garrity, Graham, Murphy, Garofalo & Flinn, attorneys; Ms. Hamlin, on the brief).

Karen L. Jordan, Deputy Attorney General, argued the cause for intervenor/cross-respondent State of New Jersey (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Jordan, on the brief).

Before Judges WEFING, GRALL and LEWINN.

The opinion of the court was delivered by

WEFING, P.J.A.D.

Plantiff filed a wrongful death action following the death of Mark Cockerline on January 2, 2003. The jury returned a verdict in plaintiff's favor, and the trial court entered a judgment in the aggregate amount of $2,331,536.27 against defendants Kevin Clark and his employer, United Parcel Service, Inc. ("UPS"). That sum included $1,500,000 for pain and suffering; the balance represented the jury's...

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