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BARRY v. THE COCA COLA CO. ET AL.,

99 N.J. Super. 270 (1967)

239 A.2d 273

BERNARD J. BARRY, PLAINTIFF, v. THE COCA COLA CO. AND THOMAS COGHAN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 10, 1967.

Attorney(s) appearing for the Case

Mr. Prospero De Bona for plaintiff (Messrs. Milton, Keane & De Bona, attorneys).

Mr. John J. Gaffey for defendant (Messrs. Gaffey, Webb & McDermott, attorneys).

LYNCH, J.S.C.

At the close of the evidence plaintiff moves to strike the defense of contributory negligence and for judgment in his favor on the issue of liability. Plaintiff was a passenger in a car operated by defendant Coghan. Seat belts were available, but plaintiff did not use them. Coghan drove into the rear of a police car which was at a standstill at a red traffic light. Plaintiff struck the windshield, suffering...

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