In November 2008, after reporting for work, she became physically impaired (apparently from intoxication),2 left work early, drove her vehicle, and sustained fatal injuries from an automobile accident.īeadling's Estate (the Estate) brought suit against the Rode defendants, asserting claims for negligence, Dram Shop Act violations, wrongful death, and survivorship. Nicole Beadling (Beadling) worked as a bartender for the Rode defendants. Plaintiff, the summary judgment record established the following Rational factfinder to resolve the alleged disputed issue inįavor of the non-moving party." Brill v. We must "consider whether the competentĮvidential materials presented, when viewed in the light mostįavorable to the non-moving party, are sufficient to permit a Standard under Rule 4:46-2(c) that governs the trial court. In reviewing a grant of summary judgment, we apply the same The judge entered the orders after considering summary judgment motions filed by Harleysville, NJM, and the Rode defendants. (the Rode defendants) in an underlying negligence and wrongful death lawsuit (2) declaring that New Jersey Manufacturers Insurance Group (NJM) had no obligation to defend or indemnify the Rode defendants and (3) denying Harleysville's request that NJM reimburse Harleysville's defense costs and fees. In this declaratory judgment lawsuit, Harleysville Insurance Company of New Jersey (Harleysville) appeals from three Septemorders (1) compelling it to defend and indemnify Rode's Fireside Restaurant and Tavern, David Rode, Joyce Rode, Emily Rode, and Earl C. Rode, Jr., Inc., join in the brief of respondent New Jersey Manufacturers Insurance Group. Stahl & DeLaurentis, P.C., attorneys for respondents Rode's Fireside Restaurant and Tavern, David Rode, Joyce Rode, Emily Rode, and Earl C. McDevitt argued the cause for respondent New Jersey Manufacturers Insurance Group (Naulty, Scaricamazza & McDevitt, attorneys Mr. Kalik, of counsel and on the brief Stephanie M. Kalik argued the cause for appellant (Riker Danzig Scherer Hyland & Perretti LLP, attorneys Mr. On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Docket No. BEADLING,īefore Judges Parrillo,1 Sabatino and Fasciale.
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