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WILTON v. CYCLE TRUCKING, INC.

240 N.J. Super. 326 (1989)

573 A.2d 462

FRANK E. WILTON AND GERALDINE L. WILTON, PLAINTIFFS-RESPONDENTS, v. CYCLE TRUCKING, INC., ATLANTIC COAST EXPRESS, WILFRED A. FLEMING, HARLEYSVILLE INSURANCE COMPANY, HARLEYSVILLE MUTUAL INSURANCE COMPANY, JOHN DOE 1-JOHN DOE 10, DEFENDANTS-APPELLANTS, AND NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1989.

Attorney(s) appearing for the Case

Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys for appellants Cycle Trucking, Inc., Atlantic Coast Express, and Wilfred A. Fleming (Lance A. Posner, on the brief).

Leonard F. Rappa, attorney for respondents (Leonard F. Rappa, on the letter brief).

Stryker, Tams & Dill, attorneys for respondent New Jersey Property-Liability Insurance Guaranty Association (Edith K. Payne, of counsel; Edith K. Payne and Deborah J. Gannett, on the brief).

Before Judges DREIER and BROCHIN.

DREIER, J.A.D.

Defendants Cycle Trucking Inc., Atlantic Coast Express and Wilfred A. Fleming have appealed from a decision of Judge Sachar in the Law Division. 240 N.J.Super. 451, 573 A.2d 525. Defendants are the lessor, lessee and driver of the truck that injured plaintiff Frank Wilton. Although the matter was an open and shut case of liability and plaintiffs had offered to settle well within...

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