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GILBORGES v. WALLACE

153 N.J. Super. 121 (1977)

379 A.2d 269

ROSEMARIE GILBORGES, AN INCOMPETENT, BY HER GUARDIANS AD LITEM ROSE M. GILBORGES AND ALBERT T. GILBORGES, PLAINTIFFS-RESPONDENTS, v. JOHN WALLACE, CROSS COUNTRY EXPRESS, INC. AND ANTHONY F. GIANNINI, DEFENDANTS-RESPONDENTS, AND LINDA A. GIANNINI, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND BOARD OF EDUCATION, TOWNSHIP OF MAPLE SHADE, ETC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT. JOHN WALLACE, THIRD-PARTY PLAINTIFF-RESPONDENT, v. UNITED STATES FIDELITY & GUARANTY COMPANY, ET AL., THIRD-PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 22, 1977.

Attorney(s) appearing for the Case

Mr. Richard D. Catenacci argued the cause for defendant-appellant (Messrs. McElroy, Connell, Foley & Geiser, attorneys; Mr. Theodore W. Geiser, of counsel).

Mr. Nathan A. Friedman argued the cause for plaintiffs-respondents (Messrs. Friedman & Tighe, attorneys; Mr. Charles I. Tighe III on the brief).

Mr. G. Leslie Manuel, Jr. argued the cause for Cross Country Express, Inc. (Messrs. Kisselman, Deighan, Montano & Summers, attorneys; Mr. Robert T. Zane on the brief).

Mr. Edgar E. Moss II argued the cause for defendant-respondent and cross-appellant Linda A. Giannini (Messrs. Moss, Powell & Powers, attorneys; Mr. Philip R. Lezenby, Jr. on the brief).

No briefs were filed on behalf of third-party plaintiff-respondent and third-party defendants-respondents.

Before Judges LYNCH, MILMED and ANTELL.

The opinion of the majority was delivered by LYNCH, P.J.A.D.

On December 7, 1973 the 16-year-old plaintiff Rosemarie Gilborges (hereafter Rosemarie), while a passenger in an automobile driven by defendant Linda Giannini (hereafter Linda) and owned by Anthony F. Giannini, was seriously injured2 as a result of a collision of the Giannini car with a truck driven by defendant John Wallace (hereafter Wallace) and owned by defendant Cross Country...

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