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WEED v. CASIE ENTERPRISE

279 N.J. Super. 517 (1995)

653 A.2d 603

SANFORD WEED AND NANCY WEED, INDIVIDUALLY AND T/A WEED'S TEXACO, PLAINTIFFS-APPELLANTS, v. CASIE ENTERPRISE, A DIVISION OF REZULTZ, INC., A CORPORATION OF THE STATE OF NEW JERSEY, OR LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, T/A PROTANK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1995.

Attorney(s) appearing for the Case

Lewis J. Schweller argued the cause for appellant (Mr. Schweller and H. Robert Boney, Jr., attorneys; Mr. Schweller, of counsel and on the brief).

Mitchell H. Kizner argued the cause for respondent (Riesenburger & Kizner, attorneys; Mr. Kizner and Sharon Oras Morgan, of counsel and on the brief).

Before Judges VILLANUEVA, WEFING and BRAITHWAITE.

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

Plaintiffs, Sanford Weed and Nancy Weed, appeal from a jury verdict of no cause of action in favor of defendant, and plaintiff Sanford Weed appeals from an award of $92,514.24 under N.J.S.A. 2A:15-59.1, the so-called frivolous litigation statute (Act), to defendant. In the latter appeal, the issue is whether a plaintiff who in bad faith fabricates a lawsuit can be assessed under the Act for attorney...

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