FRANCE v. A.P.A. TRANSPORT CORP.


56 N.J. 500 (1970)

267 A.2d 490

CARROLL E. FRANCE, JR., EDWARD KIRK FRANCE, AN INFANT BY AND THROUGH HIS GUARDIAN AD LITEM, CARROLL E. FRANCE, JR., AND MARTHA WILLIS FRANCE, AN INFANT BY AND THROUGH HER GUARDIAN AD LITEM, CARROLL E. FRANCE, JR., PLAINTIFFS, v. A.P.A. TRANSPORT CORP., A NEW JERSEY CORPORATION AND WILLIAM N. WILSON, DEFENDANTS. CARROLL E. FRANCE, JR., ADMINISTRATOR OF THE ESTATE OF DOROTHY WILLIS FRANCE, DECEASED, AND ADMINISTRATOR AD PROSEQUENDUM OF DOROTHY WILLIS FRANCE, DECEASED, PLAINTIFFS, v. A.P.A. TRANSPORT CORP., A NEW JERSEY CORPORATION AND WILLIAM N. WILSON, DEFENDANTS-RESPONDENTS. CARROLL E. FRANCE, JR., DEFENDANT ON COUNTERCLAIM-APPELLANT.

The Supreme Court of New Jersey.

Decided July 10, 1970.


Attorney(s) appearing for the Case

Mr. Mark D. Larner argued the cause for the defendant on counter-claim, Carroll E. France, Jr. (Messrs. Budd, Larner, Kent, Gross & Picillo, attorneys).

Mr. Peter H. Wegener argued the cause for the defendants-respondents (Messrs. McCarter & English, attorneys; Mr. Eugene M. Haring, of counsel; Mr. Peter H. Wegener on the brief).


The opinion of the Court was delivered by PROCTOR, J.

This appeal involves the question of intra-family tort immunity. On October 16, 1967, an automobile owned and operated by the plaintiff, Carroll E. France, Jr. and a tractor-trailer, owned by the defendant, A.P.A. Transport Corp., and operated by its employee William N. Wilson, were involved in a collision. Plaintiff's wife, who was killed in the accident, was a passenger...

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