The New Jersey Supreme Court has declined to hear an appeal of a ruling that a law firm was conflicted out of representing the defendant driver in an automobile wrongful death suit after it had previously represented an insurer in a related coverage case.
The court said in an order May 19 that it denied a motion for leave to appeal in Bukowiec v. Adamo, which concerns a one-car collision in July 2010 that killed a passenger, John Bukowiec, and seriously injured another, Robert Malfara. The decision lets stand an Appellate Division ruling from January that said the firm of Pomeroy, Heller & Ley could not represent the driver, Phillip Adamo, in the wrongful death and personal injury case after representing ACE American Insurance Company in a coverage dispute with another insurance company.
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