BUSKA v. AQUINALDO


84 N.J. Super. 577 (1964)

202 A.2d 893

JOHN BUSKA, AN INFANT BY CARL G. BUSKA, HIS GUARDIAN AD LITEM, AND CARL G. BUSKA, INDIVIDUALLY, PLAINTIFFS, v. ARTHUR AQUINALDO, AS EXECUTOR OF THE ESTATE OF VINCENT A. REMOLETE, DECEASED, DEFENDANT.

Superior Court of New Jersey, Union County Court, Law Division.

Decided June 23, 1964.


Attorney(s) appearing for the Case

Mr. Harry Wolf, for plaintiffs.

Mr. Francis M. Shawl, for defendant (Messrs. Marley, Winkelried & Hillis, attorneys).


FULOP, J.C.C.

The question presented is the applicability of N.J.S. 2A:81-2 to a negligence action in which one of the parties is sued in a representative capacity.

On March 7, 1961 the infant plaintiff, then aged 8, was struck and injured by an automobile owned and operated by Vincent Remolete. This action for damages for the injuries thus suffered was instituted on May 8, 1962. Thereafter Remolete died and his executor was substituted as defendant...

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