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BARBARISI EX REL. BARBARISI v. CARUSO

47 N.J. Super. 125 (1957)

135 A.2d 539

DENNIS BARBARISI, AN INFANT BY HIS GUARDIAN AD LITEM, GILDA BARBARISI, AND GILDA BARBARISI AND ANTHONY BARBARISI, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. MARY CARUSO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 1957.

Attorney(s) appearing for the Case

Mr. Joseph M. Rotolo argued the cause for plaintiffs-appellants (Messrs. Rotolo & Rotolo, attorneys; Mr. Joseph M. Rotolo, of counsel).

Mr. William V. Breslin argued the cause for defendant-respondent (Mr. Breslin, attorney and of counsel; Mr. William J. Scanlon, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by FREUND, J.A.D.

This action was instituted on behalf of Dennis Barbarisi, an infant now 9 years of age, by his mother as guardian ad litem, and by the infant's parents per quod, to recover for personal injuries, medical expenses and loss of future earnings. The complaint is based on failure to exercise reasonable care in the assumed duty to care for and supervise the infant plaintiff. At the conclusion

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