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Ollendorf v. Liberty Mutual Insurance Co.

February 13, 2009

GLENN OLLENDORF, PLAINTIFF-APPELLANT,
v.
LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division - Special Civil Part, Middlesex County, Docket No. SC-2089-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: January 14, 2009

Before Judges Axelrad and Lihotz.

Plaintiff Glenn Ollendorf appeals the September 18, 2007 judgment dismissing his property damage claim against Liberty Mutual Insurance Company (Liberty Mutual), the carrier for the tortfeasor who rear-ended his automobile, and the November 16, 2007 order denying reconsideration. Appellant asserts the following arguments on appeal:

A. STANDARDS GOVERNING TRIAL COURT'S DECISION AND ITS APPELLATE REVIEW

1. OPPOSITION TO PREJUDICIAL DISMISSAL HAS A PRIMA FACIE PROOF BURDEN, TO BE REVIEWED DE NOVO AND WITHOUT DEFERENCE TO JUDGE.

B. THE JUDGE'S GROSS INACCURACIES IN DESCRIBING THE RECORD

2. THE JUDGE ERRED AS TO LAW AND DUE PROCESS, BY GROSS INACCURACIES IN DESCRIBING THE RECORD.

C. ERROR TO APPLY PRECLUSIVE DOCTRINES

3. IT WAS ERROR OF LAW TO RULE THAT THE PRIOR SUIT PRECLUDED ENFORCEMENT OF A CONTRACT MADE AFTER THE PRIOR SUIT CONCLUDED.

4. THE JUDGE'S RULING, THAT THE PRIOR SUIT WOULD PRECLUDE A SUBSEQUENT SUIT FOR PROPERTY DAMAGE, IS BOTH INCORRECT AND IMMATERIAL TO THIS SUIT TO ENFORCE A SETTLEMENT AGREEMENT.

D. ERRORS AS TO MERITS

5. IT WAS ERROR OF LAW TO RULE THAT PLAINTIFF'S FORBEARANCE TO SUE WAS INSUFFICIENT CONSIDERATION ...


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