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NOGUE v. ESTATE OF SANTIAGO

224 N.J. Super. 383 (1988)

540 A.2d 889

HECTOR NOGUE, A MINOR, BY HIS PARENT AND NATURAL GUARDIAN, ANGEL L. NOGUE, AND ANGEL L. NOGUE, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. THE ESTATE OF JOSE R. SANTIAGO, MARIE L. ROBLES, ADMINISTRATRIX, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 1988.

Attorney(s) appearing for the Case

Robert F. Dunlap argued the cause for appellants (Lipman, Antonelli, Batt & Dunlap, P.A., attorneys; William M. Gilson, on the brief).

William M. Honan argued the cause for respondent (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys; Alfred J. Durney, on the brief).

Before Judges KING, GAULKIN and GRUCCIO.

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

In this personal injury action, plaintiffs' complaint was dismissed as barred by a liability finding made in an earlier uninsured motorist (UM) arbitration. Plaintiffs appeal. We reverse.

Plaintiff Hector Nogue, a passenger in a car operated by his step-brother Jose R. Santiago, was injured when the vehicle went out of control and overturned. Santiago...

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