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McCLAIN v. JONES

121 N.J. Super. 38 (1972)

295 A.2d 866

SYLVIA McCLAIN, PLAINTIFF-APPELLANT, v. EUGENE JONES AND ROBERT PONCZEK, BY HIS GUARDIAN AD LITEM EVELYN SHACK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1972.

Attorney(s) appearing for the Case

Messrs. Brenner, New & Brenner, attorneys for appellant Sylvia McClain (Mr. Herbert New, of counsel and on the brief).

Messrs. Rooney, Peduto & Rooney, attorneys for respondent Eugene Jones (Mr. Gustave A. Peduto, of counsel and on the brief).

Respondent Robert Ponczek, by his guardian ad litem Evelyn Shack, filed no brief.

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.

The opinion of the court was delivered by LABRECQUE, P.J.A.D.

Plaintiff Sylvia McClain appeals from a judgment in favor of defendant Eugene Jones based upon an order granting summary judgment.

Plaintiff sued for injuries sustained when she was struck by an automobile owned by Jones and driven by defendant Robert Ponczek. Considered in the light most favorable to plaintiff the facts are that Jones had parked his 1959 Cadillac in a shopping center parking lot...

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