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AETNA INS. CO. v. GILCHRIST BROTHERS, INC.

85 N.J. 550 (1981)

428 A.2d 1254

AETNA INSURANCE COMPANY, AS SUBROGEE OF HIGINIO OTERO, PLAINTIFF-APPELLANT, v. GILCHRIST BROTHERS, INC. AND JOHNNIE S. BELL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Lane M. Ferdinand argued the cause for appellant (Methfessel and Werbel, attorneys).

Elliott Abrutyn argued the cause for respondents (Morgan, Melhuish, Monaghan and Spielvogel, attorneys).

The opinion of the Court was delivered by SCHREIBER, J.

This automobile accident case presents issues concerning the "single controversy" doctrine and subrogation rights of a liability insurance carrier covering the automobile involved.

The facts are undisputed. On April 5, 1975 at about 6:30 p.m., Higinio Otero was in his Ford automobile which was stopped on the shoulder of the northbound lanes of the New Jersey Turnpike in Edison Township. Johnnie S. Bell...

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