CATTO v. SCHNEPP


121 N.J. Super. 506 (1972)

298 A.2d 74

ROBERT F. CATTO, AN INFANT, BY HIS GUARDIAN AD LITEM, GREGG CATTO, AND GREGG CATTO, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. HOWARD A. SCHNEPP, MAURICE RIVER TOWNSHIP, DEFENDANTS, AND CUMBERLAND COUNTY BOARD OF FREEHOLDERS, DEFENDANTS-RESPONDENTS, v. MAX BARBER, THIRD PARTY DEFENDANT. ROBERT F. CATTO, AN INFANT, BY HIS GUARDIAN AD LITEM, GREGG CATTO, AND GREGG CATTO, INDIVIDUALLY, PLAINTIFFS, v. HOWARD A. SCHNEPP, MAURICE RIVER TOWNSHIP (A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY), CUMBERLAND COUNTY BOARD OF FREEHOLDERS (THE GOVERNING BODY OF CUMBERLAND COUNTY), DEFENDANTS, AND MAURICE RIVER TOWNSHIP, (A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY), THIRD PARTY PLAINTIFF, v. HARLEYSVILLE MUTUAL INSURANCE COMPANY, AND AETNA CASUALTY AND SURETY COMPANY, THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1972.


Attorney(s) appearing for the Case

Mr. Edward S. Miller argued the cause for appellant Maurice River Township (Messrs. Gant & Miller, attorneys).

Mr. James L. Cooper argued the cause for appellants Catto (Messrs. Cooper, Greenberg, Katzman & Todd, attorneys).

Mr. Gerald M. Eisenstat argued the cause for defendant Howard A. Schnepp (Messrs. Shapiro, Brotman, Eisenstat & Capizola, attorneys).

Mr. Anthony D. Buonadonna argued the cause for respondent Cumberland County Board of Freeholders (Messrs. Tuso and Gruccio, attorneys).

Mr. Samuel Adler argued the cause for respondent Harleysville Mutual Insurance Company (Mr. Michael Brooke Fisher, Associate, on the brief).

Mr. Jay H. Greenblatt argued the cause for respondent Aetna Casualty and Surety Company (Messrs. Greenblatt & Greenblatt, attorneys).

Before Judges SULLIVAN, LEONARD and CARTON.


PER CURIAM.

Plaintiff Robert F. Catto obtained a judgment of $1,000,000 against defendants Maurice River Township and Schnepp for personal injuries sustained in an automobile accident. The jury awarded Catto's father some $37,000 additional for expenses generated by his son's injuries.

The accident occurred shortly after 6 A.M., just before daylight on the morning of March 24, 1967. The pavement was still wet from a rain that had fallen during the night. Plaintiff...

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