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CAPECE v. ALLSTATE INS.

88 N.J. Super. 535 (1965)

212 A.2d 863

VITO CAPECE, PLAINTIFF, v. ALLSTATE INSURANCE COMPANY, A CORPORATION OF ILLINOIS, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A CORPORATION OF ILLINOIS, AND UNITED STATES FIDELITY AND GUARANTEE CO., A CORPORATION OF MARYLAND, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 3, 1965.

Attorney(s) appearing for the Case

Mr. John S. Bender for third-party plaintiff Allstate Insurance Company (Messrs. Marley, Winkelried & Hillis, attorneys).

Mr. Henry H. Rubenson for third-party defendant State Farm Mutual Automobile Insurance Co. (Messrs. Oppenheim & Oppenheim, attorneys).

LABRECQUE, J.S.C.

Plaintiff Vito Capece, a service station operator, obtained a final judgment against Bartholemew Giordano arising out of an accident which occurred on October 25, 1960, in which he was struck by an automobile which had been entrusted to him for servicing by Linda Magnano, the owner, as it was being driven onto a service lift by Giordano. The facts concerning the accident are fully set forth in a prior...

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