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LEBEGERN v. FORMAN

No. Civ. 02-5598(JBS).

339 F.Supp.2d 613 (2004)

Jean L. LEBEGERN, Administratrix ad Prosequendum and Administratrix for the Estate of Daniel L. Carson, Deceased, Plaintiff, v. Glenn FORMAN, Individually and t/a Forman's Auto Body a/k/a Foreman's Auto, a/k/a Forman's Collision Center, a/k/a Forman's Service Center, Stephen J. Cracker, an Adult Individual, Michael J. Weiss, as agent, employee and/or representative of Good Time Cycles, Inc. and/or Kenneth W. Albert, t/a Good Time Cycles, and Kenneth Albert t/a Good Time Cycles, Defendants. Janet Golonka, Plaintiff, v. Glenn Forman, Individually and t/a Forman's Auto Body a/k/a Foreman's Auto, a/k/a Forman's Collision Center, a/k/a Forman's Service Center, Stephen J. Cracker, an Adult Individual, Michael J. Weiss, as agent, employee and/or representative of Good Time Cycles, Inc. and/or Kenneth W. Albert, t/a Good Time Cycles, and Kenneth Albert t/a Good Time Cycles, Defendants.

United States District Court, D. New Jersey.

October 13, 2004.

Attorney(s) appearing for the Case

Marc I. Rickles, Esq., Kardos, Rickles, Sellers & Hand Trenton, NJ, for Plaintiff Lebegern.

Kevin M. Bradway, Esq., Cordisco Bradway & Simmons, Lawrenceville, NJ, for Consolidated Plaintiff Golonka.

Mitchell Waldman, Esq., Youngblood Corcoran Lafferty Stackhouse Hyberg & Waldman, PA, Pleasantville, NJ, and Sandra S. Grossman, Esq., Law Offices Of Steven G. Kraus, Warren, NJ, for Plaintiff AIG Insurance Company in Intervention.

Ian M. Sirota, Esq., Margolis Edelstein, Westmont, NJ, for Defendant Glenn Forman, Individually, t/a Forman's Auto Body, a/k/a Foreman's Auto, a/k/a Forman's Collision Center, a/k/a Forman's Service Center.

Bonnie Laube, Esq., Greenblatt & Laube, P.C., Vineland, NJ, for Defendant Stephen J. Cracker.

William S. Cappuccio, Esq., Hammonton, NJ, for Defendant Michael J. Weiss t/a Mike's Truck Center and Good Time Cycles, Inc.

Rose Marie DiMeo, Esq., Law Offices Of Jackson and DiMeo, Marlton, NJ, for Defendant Kenneth W. Albert t/a Good Time Cycles, Inc.

OPINION

SIMANDLE, District Judge.

I. INTRODUCTION AND PROCEDURAL HISTORY

This case arises out of a fatal motor vehicle accident which took place on September 16, 2001 on Route 30, White Horse Pike, in Mullica Township, New Jersey. At the time of the accident, Daniel Carson, a Pennsylvania resident, was driving a 2001 Ford Explorer when his vehicle was involved in a head-on collision with another vehicle being driven by...

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