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COSTA v. JOSEY

160 N.J. Super. 1 (1978)

388 A.2d 1019

JOSEPH COSTA, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATES OF EDWARD J. FLOCCO, JR. AND PHYLLIS FLOCCO, PLAINTIFF-APPELLANT, v. ALBERT J. JOSEY, DEFENDANT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1978.

Attorney(s) appearing for the Case

Mr. Joseph T. Afflitto argued the cause for appellant (Messrs. Diamond, Diamond & Afflitto, attorneys).

Mr. Thomas F. Marshall, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General, attorney; Mr. William F. Hyland, former Attorney General; Ms. Erminie Conley, Deputy Attorney General, of counsel).

Before Judges ALLCORN, HORN and FURMAN.

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

Shortly after midnight on November 11, 1974 Edward J. Flocco, Jr., owner and operator of an automobile, and his wife Phyllis, a passenger in the car, while proceeding in a westerly direction on State Highway 4 in the vicinity of the Webster Avenue bridge in Teaneck, were killed as the result of a collision with an automobile driven by one Albert J. Josey that had come over from the opposite side of the highway...

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