ANDRIOLA v. GALLOPING HILL SHOPPING CENTER, INC.


93 N.J. Super. 196 (1966)

225 A.2d 377

LUCILLE ANDRIOLA AND ANTHONY ANDRIOLA, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. GALLOPING HILL SHOPPING CENTER, INC., A CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1966.


Attorney(s) appearing for the Case

Mr. Leslie P. Glick argued the cause for appellants (Messrs. Rubenstein & Glick, attorneys; Mr. David Friedenberg on the brief).

Mr. Gerald W. Conway argued the cause for respondent (Messrs. Schreiber, Lancaster & Demos, attorneys).

Before Judges SULLIVAN, KOLOVSKY and CARTON.


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

The issue presented is whether a plaintiff in a negligence action initiated in the county district court may recover greater damages than the $3,000 statutory limit by a transfer of the action after verdict to the Superior Court or County Court.

In her complaint plaintiff Lucille Andriola demanded judgment for $3,000. The jury rendered a verdict of $8,000. Thereupon the trial judge, upon his own initiative...

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