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ODAR v. CHASE MANHATTAN BANK

138 N.J. Super. 464 (1976)

351 A.2d 389

MARIA ANTONIETA ODAR, ADMINISTRATRIX AD PROSEQUENDUM AND ADMINISTRATRIX OF THE ESTATE OF PEDRO LUIS ODAR, DECEASED; ANA ODAR, AN INFANT, BY HER GUARDIAN AD LITEM, MARIA ANTONIETA ODAR; AND MARIA ANTONIETA ODAR, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CHASE MANHATTAN BANK, TRUSTEE OF THE ESTATE OF WILLIAM WALDRICH, DEFENDANT AND THIRD PARTY PLAINTIFF-RESPONDENT, v. ADVANCE PIECE DYE WORKS, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1976.

Attorney(s) appearing for the Case

Mr. William J. Pollinger argued the cause for appellants (Messrs. DeLorenzo & Pollinger, attorneys).

Mr. Gregory J. Czura argued the cause for respondent Chase Manhattan Bank (Messrs. Vogel, Baum & Czura, attorneys).

Before Judges KOLOVSKY, BISCHOFF and BOTTER.

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

Plaintiff Maria Antonieta Odar instituted this lawsuit as administratrix ad prosequendum to recover damages for the alleged wrongful death of her husband Pedro Luis Odar. The unfortunate incident which resulted in his death occurred under the following circumstances.

On February 12, 1972 decedent and three of his children entered upon land owned by the estate of William Waldrich so that the...

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