DI COSALA v. KAY


91 N.J. 159 (1982)

450 A.2d 508

DENNIS DI COSALA, AN INFANT BY HIS GUARDIAN AD LITEM, BENITA DI COSALA, AND BENITA DI COSALA, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ROBERT M. KAY, PHILIP REUILLE, BRITISH SCOUTING ASSOCIATION AND JOHN TANTILLO, DEFENDANTS, AND ROBERT TREAT COUNCIL, BOY SCOUTS OF AMERICA AND BOY SCOUTS OF AMERICA, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided August 4, 1982.


Attorney(s) appearing for the Case

William O. Barnes, Jr. argued the cause for appellants.

William L'E. Wertheimer argued the cause for respondents (Lum, Biunno & Tompkins, attorneys).


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

The primary question raised in this case is whether an employer owes a duty of reasonable care to third persons in the hiring and retention of employees whose aggressive or reckless characteristics or lack of competence in the performance of their employment duties may endanger such third persons.

I

On August 11, 1973, the plaintiff in this action, Dennis DiCosala, was accidentally shot in the...

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