CERMAK v. HERTZ CORP.


53 N.J. Super. 455 (1958)

147 A.2d 800

PAUL CERMAK, PLAINTIFF-RESPONDENT, v. THE HERTZ CORPORATION, ETC., DEFENDANT AND AETNA METALCRAFT, INC., ETC., AND OLINTO J. DIGEORGE, JOINTLY, ETC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Reargued June 16, 1958.

Decided July 8, 1958.


Attorney(s) appearing for the Case

Mr. Sylvester S. Garfield and Mr. Philip L. Nadler argued the cause for plaintiff-respondent (Mr. Victor P. Mullica, on the brief; Mr. Pasquale Pipi and Messrs. Gross & Garfield, attorneys).

Mr. Roger F. Lancaster argued the cause for defendants-appellants (Mr. Howard T. Rosen on the brief; Messrs. Schreiber, Lancaster & Demos, attorneys).

Before Judges PRICE, HANEMAN and SCHETTINO.


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

This is a negligence action arising out of an automobile accident. The case was tried in the district court after having been transferred there from the county court. The cause of action as against defendant Hertz was dismissed by consent of the parties. The jury returned a verdict in the sum of $15,000 against defendants-appellants and, following a motion by defendants for a new trial, the trial court reduced...

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