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PUCKREIN v. ATI TRANSPORT, INC.

897 A.2d 1034 (2006)

186 N.J. 563

Gary A. PUCKREIN, administrator of the Estates of Kevin H. Puckrein, deceased, and Alecia Puckrein, deceased, and Jean Greaves and Cecil Greaves, h/w, Plaintiffs-Appellants, v. ATI TRANSPORT, INC., Gaizka Idoeta, John R. Stangle, Jr., World Carting Corp., Kristen Stangle, a/k/a Kristen Gosdick, Covenant Disposal, Inc., Burkeen Construction Co., Bulk Trans Express Co., Inc., BFI Recycling Systems, BFI Recycling of New Jersey, Inc., formerly Browning-Ferris Industries Waste Systems, Inc., Browning-Ferris Industries Waste Systems, Inc., BFI Waste Systems of New Jersey, Inc., BFI Waste Systems of North America, Inc., American Ref-Fuel Construction of Essex County, Inc., a/k/a American Ref-Fuel Company, Joe Fable, "John Doe" Humphrey, Jim Van Woert, Jeff Randazzo and Rick Deandre, John Doe Trucking, 1-10, and John Doe Motor Carrier, 1-10, Defendants, and Allied Waste Industries, Inc., successor in interest to Browning-Ferris Industries of New York, Inc. a/k/a BFI of New York, Inc., Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 22, 2006.

Attorney(s) appearing for the Case

Paul D. Brandes, Marlton, argued the cause for appellants (Villari, Brandes & Kline, attorneys; Mr. Brandes and Theresa L. Giannone, on the briefs).

Christopher C. Mauro, New York, NY, argued the cause for respondent (Camacho Mauro Mulholland, attorneys).

Justice LONG delivered the opinion of the Court.

In 1998, Kevin and Alecia Puckrein were killed when their automobile was struck by an unregistered and uninsured tractor-trailer with seriously defective brakes. The tractor-trailer was owned by ATI Transport, Inc., (ATI) and, at the time of the accident, had been transporting a load of glass residue for Browning-Ferris Industries of New York, Inc., (BFI-NY) from Brooklyn, New York, to an incinerator plant in Newark...

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