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NORTON v. VENA

122 N.J. Super. 461 (1973)

300 A.2d 858

THOMAS NORTON, JR., AN INFANT BY HIS GUARDIAN AD LITEM, THOMAS NORTON AND THOMAS NORTON, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. JOSEPH VENA AND MARY VENA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1973.

Attorney(s) appearing for the Case

Mr. Harold I. Braff argued the cause for appellants (Mr. Brian C. Harris, of counsel; Messrs. Braff, Litvak, Ertag & Wortmann, attorneys).

Mr. Charles C. Abut argued the cause for respondents (Mr. Albert G. Besser, of counsel; Messrs. Hannoch, Weisman, Stern & Besser, attorneys).

Before Judges FRITZ, LYNCH and JOELSON.

PER CURIAM.

In this negligence case the trial judge vacated a "friendly" judgment (R. 4:44) in favor of an infant entered after a settlement of the action. This was done on plaintiffs' motion and over defendants' vigorous opposition. A subsequent plenary trial resulted in a jury verdict higher than the settlement (although somewhat suspect in itself because $2,000 or almost 25% of the verdict was to the father expressly for "loss of services" of this then four...

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