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COBB v. WADDINGTON

154 N.J. Super. 11 (1977)

380 A.2d 1145

GEORGE J. COBB AND KATHLEEN COBB, PLAINTIFFS-APPELLANTS, v. JOHN A WADDINGTON, DIRECTOR OF NEW JERSEY DIVISION OF MOTOR VEHICLES; FRASSETTO CONSTRUCTION COMPANY, INC., A NEW JERSEY CORPORATION; THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1977.

Attorney(s) appearing for the Case

Mr. Harold J. Cassidy argued the cause for appellants (Messrs. Newell & Cassidy, attorneys).

Mr. Joseph K. Cooney argued the cause for respondent John A. Waddington (Mr. Richard A. Amdur, attorney).

Mr. William P. Kirkpatrick argued the cause for respondent Frassetto Construction Company (Messrs. Kirkpatrick & Rathman, attorneys; Mr. Thomas Primavera on the brief).

Mr. Thomas D. Monte, Jr., Deputy Attorney General, argued the cause for respondent Department of Transportation (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. George W. Fisher, Deputy Attorney General, on the brief).

Before Judges MATTHEWS, CRANE and ANTELL.

The opinion of the court was delivered by ANTELL, J.A.D.

This action arises from an automobile accident occurring on the night of June 5, 1974. The complaint alleges that plaintiff George J. Cobb suffered personal injury when his car was forced off the roadway by an unidentified motor vehicle into collision with certain traffic channelization barricades, resulting in his head being struck by a length of timber which penetrated his windshield. Recovery was sought from...

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