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GROSS v. SEARS, ROEBUCK & COMPANY

158 N.J. Super. 442 (1978)

386 A.2d 442

JEFFREY GROSS, AN INFANT BY HIS GUARDIAN AD LITEM, SUZANNE GROSS, AND SUZANNE GROSS, PLAINTIFFS-APPELLANTS, v. SEARS, ROEBUCK & COMPANY, AND STEPHEN GROSS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1978.

Attorney(s) appearing for the Case

Mr. Douglas C. Greenfield argued the cause for appellants (Mr. Stanley W. Greenfield and Mr. Douglas C. Greenfield, attorneys).

Mr. Paul E. Anderson argued the cause for respondent Stephen Gross (Messrs. Kovacs, Anderson, Horowitz & Rader, attorneys).

Mr. Guy H. Haskins argued the cause for Sears, Roebuck & Company (Messrs. Haskins, Robottom & Hack, attorneys).

Before Judges HALPERN, LARNER and KING.

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

This appeal involves an undecided aspect in intra-family tort actions. The principal issue presented is whether an unemancipated 10-year-old child may maintain an action against his father based on the latter's alleged negligence in operating a power lawnmower on his property which resulted in injury to the child. If the principal issue is answered in the affirmative, we are then faced with the issue of whether...

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