MARC L. KAHN, M.D. v. RALPH H. HOOD

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1294-08T11294-08T1

MARC L. KAHN, M.D., and

CYNTHIA KAHN,

Plaintiffs-Appellants,

vs.

RALPH H. HOOD, individually

and as an employee of Shirts

N' Things, Inc.,

Defendant,

and

SHIRTS N' THINGS, INC.,

Defendant-Respondent.

__________________________________

 

Submitted: October 28, 2009 - Decided:

Before Judges Cuff and Waugh.

On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Docket No. L-394-06.

Grimes & Grimes, L.L.C., attorneys for appellants (Joseph P. Grimes, on the briefs).

Tompkins, McGuire, Wachenfeld & Barry, LLP, attorneys for respondent SNT, Inc., t/a Shirts N' Things, improperly pled as Shirts N' Things, Inc. (Richard F. Connors, Jr., of counsel and on the brief; Sarah A. Ryan, on the brief).

PER CURIAM

Plaintiffs Marc L. Kahn and Cynthia Kahn filed a complaint seeking compensatory and punitive damages from defendants Ralph H. Hood and Shirts N' Things, Inc. following a physical altercation between plaintiffs and Hood. Plaintiffs appeal from a May 9, 2008 order granting summary judgment to defendant Shirts N' Things and dismissing plaintiffs' complaint as to it.

We affirm substantially for the reasons expressed by Judge Darryl F. Todd, Sr., in his May 9, 2008 opinion.

 
Affirmed.

The claim against Ralph H. Hood was settled on September 5, 2008.

We do not address the issue of authority to bring the motion for summary judgment on behalf of the corporate entity. It is clear from the transcript of oral argument that the individual and corporate defendants were represented by different counsel designated by different insurance carriers, who had differing views on liability. Because Hood and his personal insurance carrier settled with plaintiffs, the issue is moot and plaintiffs have no standing to raise this issue on appeal.

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A-1294-08T1

November 4, 2009