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MULLANE v. STAVOLA

101 N.J. Super. 184 (1968)

243 A.2d 842

EDWARD MULLANE, PLAINTIFF, v. WILLIAM STAVOLA, AND MARY STAVOLA, DEFENDANTS. MARIE C. SLANE, ADMINISTRATRIX AD PROS. AND GENERAL ADMINISTRATRIX OF THE ESTATE OF FRANCIS J. SLANE, JR., DECEASED AND MARIE C. SLANE, INDIVIDUALLY, PLAINTIFFS, v. WILLIAM STAVOLA, AND MARY STAVOLA, DEFENDANTS. JOSEPH F. SOMERSET, PLAINTIFF, v. WILLIAM STAVOLA, AND MARY STAVOLA, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 15, 1968.

Attorney(s) appearing for the Case

Mr. Stephen E. Barcan for plaintiff Mullane (Messrs. Wilentz, Goldman and Spitzer, attorneys).

Mr. John A. Pindar for plaintiffs Slane (Messrs. Pindar, McElroy, Connell and Foley, attorneys).

Mr. Edwin T. Ferren for plaintiff Somerset (Messrs. Richman, Berry and Ferren, attorneys).

Mr. Henry H. Rubenson for defendants Stavola.

HALPERN, A.J.S.C.

This is a motion for judgment on the pleadings by the defendants based on their affirmative defense that the guest statute of the State of Florida bars plaintiffs' suits arising from an automobile accident which occurred there; and a cross-motion by the plaintiff, Edward Mullane, (now deceased), to strike that defense. The plaintiffs in the consolidated cases have agreed to be bound by the determination of these motions.

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