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KUBERT v. BEST

Docket No. A-1128-12T4

75 A.3d 1214 (2013)

432 N.J. Super. 495

Linda KUBERT and David Kubert, Plaintiffs-Appellants, v. Kyle BEST, Susan R. Best, Executrix of the Estate of Nickolas J. Best, Deceased, Defendants, and Shannon Colonna, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 2013.

Attorney(s) appearing for the Case

Stephen S. Weinstein argued the cause for appellants (Stephen S. Weinstein, P.C., attorneys; Mr. Weinstein, of counsel and on the brief; Gail S. Boertzel, Morristown, on the brief).

Joseph J. McGlone argued the cause for respondent (McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., attorneys; Mr. McGlone, of counsel and on the brief; Anthony J. Bianco, Morristown, on the brief).

Before Judges ASHRAFI, ESPINOSA and GUADAGNO.

The opinion of the court was delivered by

ASHRAFI, J.A.D.

Plaintiffs Linda and David Kubert were grievously injured by an eighteen-year-old driver who was texting while driving and crossed the center-line of the road. Their claims for compensation from the young driver have been settled and are no longer part of this lawsuit. Plaintiffs appeal the trial court's dismissal of their claims against the driver's seventeen-year-old friend who was texting the driver...

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