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FARMLAND v. PROPERTY-LIABILITY INS.

237 N.J. Super. 578 (1990)

568 A.2d 579

FARMLAND DAIRIES, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION AND INTEGRITY INSURANCE COMPANY, DEFENDANTS-APPELLANTS, AND GENERAZIO ASSOCIATES AND VANESSA RICE, INDIVIDUALLY AND AS GENERAL ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF RUSSELL L. RICE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1990.

Attorney(s) appearing for the Case

Donald M. Garson argued the cause for appellants (Buttafuoco, Karpf & Arce, attorneys, Joseph Buttafuoco, on the brief).

Stanley M. Greenspan argued the cause for respondent (Cooper Perskie April Niedelman Wagneheim & Levenson, attorneys, Stanley M. Greenspan, on the brief).

Before Judges MICHELS, R.S. COHEN and BROCHIN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

Russell Rice was driving a road tractor owned by Lynn-Trem, Inc., which was pulling a trailer owned by Farmland Dairies and loaded with Farmland's cargo. Rice lost control when a tractor tire blew out, and was killed in the resulting accident. Rice's widow sued Lynn-Trem and Farmland, asserting that the accident was caused by Lynn-Trem's defective and dangerous tractor and by Farmland's negligently loaded...

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