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WEISS v. NEW JERSEY TRANSIT

245 N.J. Super. 265 (1991)

584 A.2d 1359

ROBERT G. WEISS, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF ELIZABETH ANN WEISS, AND GUARDIAN OF THE INFANT, HEATHER WEISS, PLAINTIFF-APPELLANT, v. NEW JERSEY TRANSIT, NEW JERSEY RAIL OPERATIONS, INC. AND NEW JERSEY DEPARTMENT OF TRANSPORTATION, THE BOROUGH OF NEW PROVIDENCE, THE COUNTY OF UNION, A.C. BRANDER, INC., CONRAIL, INC. AND JOHN DOE 1-25 FICTITIOUS CORPORATE, GOVERNMENTAL AND OTHER ENTITIES, DEFENDANTS-RESPONDENTS. BOROUGH OF NEW PROVIDENCE, DEFENDANT-THIRD PARTY PLAINTIFF, v. JERSEY CENTRAL POWER & LIGHT COMPANY, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Henry R. Simon argued the cause for appellant (Meryl Shapiro, of counsel and on the brief and reply brief).

Thomas J. Kelly, Jr. argued the cause for respondent Borough of New Providence (Hurley & Vasios, attorneys; Thomas J. Kelly, Jr., on the brief).

John M. Armstrong, Deputy Attorney General, argued the cause for respondents State of New Jersey, Department of Transportation and Conrail (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; John M. Armstrong, on the brief).

Edward J. Seaver argued the cause for respondent New Jersey Transit Rail Operations (Podvey, Sachs, Meanor & Catenacci, attorneys; Edward J. Seaver, on the brief).

John G. Butler argued the cause for respondents A.C. Brandner, Inc., New Jersey Department of Transportation and Borough of New Providence (Leonard and Butler, attorneys; John G. Butler, on the brief).

Before Judges PRESSLER, DEIGHAN and BAIME.

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

Elizabeth Ann Weiss was killed when the automobile she was driving was struck by a New Jersey Transit train at a grade level crossing in the Borough of New Providence. Her father, plaintiff Robert G. Weiss, brought this wrongful death action, as administrator ad prosequendum of his daughter's estate and as guardian of her surviving child, against New Jersey Transit Corporation, New Jersey Rail Operations...

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