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WEIR v. MARKET TRANSITION FACILITY

723 A.2d 1231 (1999)

John J. WEIR, Plaintiff-Respondent, v. The MARKET TRANSITION FACILITY OF NEW JERSEY, Amgro, Inc. as servicing carrier, Defendants, and Liberty Mutual Insurance Company, Defendant-Appellant, and Barbara L. Weir, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1999.

Attorney(s) appearing for the Case

William J. Martin, Westwood, for defendant-appellant (Martin, Gunn & Martin, Westmont, attorneys; Mr. Martin, on the brief).

Marian I. Kelly, Woodbury, for respondents John and Barbara Weir (Law Offices of William Mackin, Woodbury, attorneys for Barabara Weir. Hoffman, DiMuzio & Hoffman, Franklinville, attorneys for John J. Weir; Ms. Kelly on the joint brief).

Before Judges LONG, WEFING and CARCHMAN.

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

On December 22, 1992, John Weir was a passenger in a motor vehicle driven by Roxene Caron that was involved in a collision with a vehicle driven by Anthony DeRosa. Weir suffered a number of injuries, the most significant of which was a comminuted fracture of the right humerus that required surgery to repair. Weir's recovery from this fracture was significantly impeded by a post-operative infection; several successive...

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