ELAINE BELL v. DARRIN RESH

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5662-04T55662-04T5

ELAINE BELL,

Plaintiff-Appellant,

v.

DARRIN RESH,

Defendant-Respondent,

____________________________________________________________

 

Submitted March 14, 2006 - Decided March 31, 2006

Before Judges Coburn and Collester.

On appeal from the Superior Court of New Jersey,

Law Division, Salem County, L-132-02.

Marcozzi & Marcozzi, attorneys for appellant

(Anthony P. Marcozzi, Jr., on the brief).

Gruccio, Pepper, DeSanto & Ruth, attorneys

for respondent (Joseph E. Ruth, on the brief).

PER CURIAM

In this two-car automobile intersection accident, the trial judge granted defendant's motion for an involuntarily dismissal pursuant to Rule 4:37-2(b). The judge did so because plaintiff testified that she never saw defendant's vehicle before the impact. There was no other evidence from which a jury could have drawn any inferences supporting plaintiff's allegation that defendant's negligence caused the accident.

On appeal, plaintiff contends that the trial judge erred in dismissing the action. After carefully considering the record and briefs, we are satisfied that plaintiff's arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), and we affirm substantially for the reasons expressed by the trial judge in his thorough and well-reasoned oral opinion of May 24, 2005.

Affirmed.

 

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A-5662-04T5

March 31, 2006