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MAVRIKIDIS v. PETULLO

153 N.J. 117 (1998)

707 A.2d 977

ALICE I. MAVRIKIDIS AND KONSTANTINOS MAVRIKIDIS, HER HUSBAND, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. GERALD PETULLO, PETULLO BROS., INC., ITS AGENTS, SERVANTS AND/OR EMPLOYEES, ANGELO PETULLO, GERALDINE PETULLO, OTTAVIO PETULLO AND/OR GERALD PETULLO, TRADING AS PETULLO BROS., INC., AN ALLEGED CORPORATION AND CLAR PINE SERVICENTER, ITS AGENTS, SERVANTS AND/OR EMPLOYEES, DEFENDANTS-RESPONDENTS AND CROSS-RESPONDENTS, AND NEWARK ASPHALT CORP., ITS AGENTS, SERVANTS AND/OR EMPLOYEES, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND "ABC" (A FICTITIOUS NAME), DEFENDANT. MOTOR CLUB OF AMERICA INSURANCE COMPANY AS SUBROGEE OF KONSTANTINOS MAVRIKIDIS AND MOTOR CLUB OF AMERICA INSURANCE COMPANY, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. PETULLO BROTHERS, INC., GERALD PETULLO A/K/A JERRY PETULLO AND ANGELO PETULLO, GERALDINE PETULLO, OTTAVIO PETULLO AND/OR GERALD PETULLO T/A PETULLO BROTHERS, INC., AN ALLEGED CORPORATION AND CLAR PINE SERVICENTER, DEFENDANTS-RESPONDENTS AND CROSS-RESPONDENTS, AND NEWARK ASPHALT CORP., DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND JOHN DOES 1 THROUGH 10 AND ABC, DEF AND GHI CORPORATIONS (FICTITIOUS NAMES), DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 11, 1998.

Attorney(s) appearing for the Case

David B. Glazer, argued the cause for appellants and cross-respondents (Glazer & Luciano, attorneys; Mr. Glazer and Michael A. Luciano, of counsel and on the briefs).

Paul A. Spina, argued the cause for respondent and cross-appellant (Paul Seligman, attorney; Mr. Spina and Manuel J. Almedia, Jr., on the brief).

William T. Connell, argued the cause for respondent and cross-respondent Clar Pine Servicenter (Dwyer, Connell and Lisbona, attorneys).

William J. Ewing, submitted a brief on behalf of respondents and cross-respondents Gerald Petullo, Petullo Bros., Inc., its agents, servants and/or employees, Angelo Petullo, Geraldine Petullo, Ottavio Petullo and/or Gerald Petullo, trading as Petullo Bros., Inc., an alleged corporation.

The opinion of the Court was delivered by GARIBALDI, J.

In this case, we revisit the parameters of the vicarious liability doctrine as it pertains to whether a contractee may be vicariously liable for the negligence of its independent contractor under the three separate bases of liability delineated in Majestic Realty Associates, Inc. v. Toti Contracting Co., 30 N.J. 425, 153 A.2d 321 (1959)...

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