FULGINITI v. TOCCO

No. 71-1325.

462 F.2d 654 (1972)

Samuel FULGINITI, a minor by his Guardian, Michael A. Marolla, et al., Appellants, v. Peter TOCCO and Margaret M. Tocco.

United States Court of Appeals, Third Circuit.

Decided May 8, 1972.


Attorney(s) appearing for the Case

Ralph J. Kmiec, Kmiec & Palumbo, Camden, N. J., for appellants.

Carl Kisselman, Kisselman, Deighan, Montano, King & Summers, Camden, N. J., for appellees.

Before ADAMS, GIBBONS and HUNTER, Circuit Judges.


Submitted under Third Circuit Rule 12(6) on March 20, 1972.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

In this diversity action the plaintiffs, a minor and his parents, seek damages resulting from injuries sustained by the minor plaintiff when he was struck in the eye by a piece of copper tubing wielded by a playmate. The District Court granted the defendants' motion for summary judgment, and the plaintiffs appeal from that order. We...

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