A GULF OIL CORP., DEFENDANTS-RESPONDENTS, AND JOSEPH H. FERGUSON & SONS, INC., 2 JOSEPH H. FERGUSON, ANTHONY BOLT, ROBERT FERGUSON, CRETE EQUIPMENT CORPORATION, PETER SOLDANO, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANTS-APPELLANTS, AND SUN OIL COMPANY, A DELAWARE CORPORATION, GULF OIL CORPORATION, A PENNSYLVANIA CORPORATION, GLADYS HAND SIMPSON LIGHT TRUST, 3 JAMES E. SIMPSON, MARGUERITE HOST, JAMES BIRMINGHAM, CUMBERLAND FARMS, INC., A DELAWARE CORPORATION, AND HERBERT ROTHSTEIN, DEFENDANTS., 289 N.J. Super. 181

Summary

Subsequent to a settlement agreement and assignment of tort claim, defendant gas stations sought to disqualify the law firm that represented plaintiff village and defendant oil companies, and challenged the lower court's denial of said motion. The court reversed the lower court's judgment, ordered disqualification to represent plaintiff, and affirmed the that part of the order that allowed representation of defendants oil companies. The court held that representation of plaintiff and defendants oil companies was a conflict of interest and that the law firm could not maximize damages for plaintiff's remainder case at the same time that it sought to minimize plaintiff's damages to prove defendants oil companies' right to contribution. Conflict of interest was not overcome by consent. In addition, the discovery process was compromised by dual representation. Lastly, a tort claim could not be assigned prior to judgment and since no judgment existed in this case and subrogation was ...