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MONTAGUE v. PETIT-CLAIR

203 N.J. Super. 210 (1985)

496 A.2d 393

MARY W. MONTAGUE, INDIVIDUALLY AND MARY MONTAGUE, ADMINISTRATRIX OF THE ESTATE OF ROBERT MONTAGUE, DECEASED, PLAINTIFFS, v. ALFRED J. PETIT-CLAIR, JR., ESQ., AND ROYAL INSURANCE COMPANY, DEFENDANTS, AND STEPHEN ROBERT WOZNIAK, AN INFANT BY HIS GUARDIAN AD LITEM, JOHN J. WOZNIAK, PLAINTIFF, v. MARY W. MONTAGUE, ALFRED J. PETIT-CLAIR, JR., ESQ., ROYAL INSURANCE COMPANY, ALEXANDER D. GUTHRIE AND ANNE G. YOKANA, DEFENDANTS, AND ALFRED J. PETIT-CLAIR, JR., ESQ., THIRD-PARTY PLAINTIFF, v. GRUBER & RACZKOWSKI, ESQS., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Middlesex County.

Decided May 20, 1985.

Attorney(s) appearing for the Case

David M. Foley for plaintiff, Stephen Robert Wozniak (Borrus, Goldin, Foley, Vigunolo, Hyman & Stahl, attorneys).

Philip G. Pagano for defendant, Royal Ins. Co. (Magee, Kirschner & Graham, attorneys).

BACHMAN, J.S.C.

This consolidated action comes before this court by way of cross-motions for summary judgment pursuant to R. 4:46-2.

On June 24, 1980, Robert Montague was struck by an automobile as he walked along a road with his wife, Mary Montague, who at the time was three months pregnant. He died shortly thereafter on July 1, 1980.

On July 3, 1980, Alfred Petit-Clair, Jr., Esquire filed a...

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