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PARKS v. PEP BOYS

282 N.J. Super. 1 (1995)

659 A.2d 471

RICHARD ALLEN PARKS, GENERAL ADMIN. AND ADMIN. AD PROSEQUENDUM OF THE ESTATE OF RICHARD PARKS, JR., PLAINTIFF-RESPONDENT, v. PEP BOYS, PATRICIA STALLWORTH, TAMMY SPITZNER (FORMERLY TAMMY SCHOCHET), DONNA MONETTI, BARRY STEELE, MICHAEL MCTAMNEY, AND STEVEN GREENBERG (ALL AGENTS, SERVANTS, OR EMPLOYEES OF DEFENDANT, PEP BOYS), DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1995.

Attorney(s) appearing for the Case

Lawrence Berg argued the cause for appellants (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Mr. Berg, on the brief).

Daniel M. Waldman argued the cause for respondent (Waldman, Moriarty & McGann, attorneys; Mr. Waldman, of counsel and on the brief, and Michael E. McGann, on the brief).

Alfred Abbotts submitted a brief on behalf of amicus curiae CIGNA Indemnity Ins. Co. of North America, CIGNA Property and Casualty Cos. (K. Ruth Larson, attorney; Edward C. McHugh, of counsel).

Before Judges DREIER, VILLANUEVA and BRAITHWAITE.

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

Defendants, Pep Boys and its employees, appeal on leave granted from the denial of their summary judgment motion to dismiss plaintiff's compensatory and punitive damage claims. Plaintiff, Richard A. Parks, general administrator and administrator ad prosequendum of the Estate of Richard Parks, Jr., filed a wrongful death and survival complaint on October 9, 1991...

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