DARROW v. HANOVER TOWNSHIP


58 N.J. 410 (1971)

278 A.2d 200

GERALD P. DARROW AND HERMA DARROW, PLAINTIFFS-APPELLANTS, v. HANOVER TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT, AND THE COUNTY OF MORRIS, DEFENDANT.

The Supreme Court of New Jersey.

Argued April 27, 1971.

Decided June 7, 1971.


Attorney(s) appearing for the Case

Mr. Myron J. Bromberg argued the cause for plaintiffs-appellants (Messrs. Porzio, Bromberg & Newman, attorneys; Messrs. Myron J. Bromberg, Thomas R. Chesson and Brian M. Laddey on the brief).

Mr. Martin B. Wallerstein argued the cause for defendant-respondent (Messrs. Morgan, Melhuish, Monaghan, McCoid & Spielvogel, attorneys; Mr. Martin B. Wallerstein on the brief).

Mr. Mark D. Larner argued the cause amicus curiae for Unigard Insurance Group (Messrs. Budd, Larner, Kent, Gross & Picillo, attorneys).

Mr. Gerald D. Miller argued the cause amicus curiae for Melody Dale Franco (Messrs. Miller, Hochman, Meyerson & Miller, attorneys; Mr. Gerald D. Miller on the brief).

Mr. Barry D. Epstein argued the cause amicus curiae for Kathleen M. Popolizio (Messrs. Boardman and Epstein, attorneys; Mr. Barry D. Epstein on the brief).

Mr. Paul X. McMenaman argued the cause amicus curiae for June Strelecki, Director of Motor Vehicles (Mr. Peter R. Verga on the brief).


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

In Immer v. Risko, 56 N.J. 482, decided July 10, 1970, we abrogated the doctrine of interspousal immunity in automobile negligence cases. Prior to Immer the immunity rule barred negligence actions between spouses. Orr v. Orr, 36 N.J. 236 (1961); Koplik v. C.P. Trucking Corp., 27 N.J. 1 (1958...

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