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AUSTIN v. MILLARD

164 N.J. Super. 219 (1978)

395 A.2d 1267

DONALD AUSTIN, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF MARY LOU AUSTIN, A MINOR, PLAINTIFFS-APPELLANTS, v. THEODORE T. MILLARD; ELLSWORTH R. HAVER; DOROTHY C. HAVER, AND JOHN DOE (NAME BEING FICTITIOUS — CORRECT NAME UNKNOWN), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1978.

Attorney(s) appearing for the Case

Messrs. Levinson, Conover & Axelrod, attorneys for appellants (Mr. Robert D. Rosenwasser, of counsel and on the brief).

Mr. A. Herbert D'Amico, attorney for Allstate Insurance Company.

Before Judges LYNCH and HORN.

PER CURIAM.

The issue raised in this appeal is the propriety of the trial court's denial of plaintiffs'1 application to serve one substantially unidentified as the driver of an automobile involved in a collision with a motorcycle by means of substituted service upon the liability carrier for the automobile.

Certain pertinent facts are not in dispute. On August 21, 1977 the infant...

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