BOARD OF EDUCATION OF PISCATAWAY TOWNSHIP, A PUBLIC BODY OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
MR. JOSEPH CAFFIERO, MRS. JOSEPH CAFFIERO, HIS WIFE, JAY CAFFIERO, MR. DANIEL O'DONNELL, MRS. DANIEL O'DONNEL, HIS WIFE, FRANCIS O'DONNEL, MR. DEAN MARTONE, MRS. DEAN MARTONE, HIS WIFE, AND DEAN MARTONE, DEFENDANTS-RESPONDENTS.
BOARD OF EDUCATION OF THE BOROUGH OF ROSELLE, PLAINTIFF-APPELLANT,
v.
TULIO MONAGAS, "JANE" MONAGAS, (FIRST NAME BEING FICTITIOUS) AND ANGEL MONAGAS, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 4, 1979.
Decided April 1, 1980.
Attorney(s) appearing for the Case
Frank J. Rubin argued the cause for appellant Board of Education of Piscataway Township (Rubin, Lerner & Rubin, attorneys; Frank J. Rubin, of counsel; David B. Rubin on the brief).
Eugene A. Cross argued the cause for appellant Board of Education of Roselle (Rubenson & Cross, attorneys; Eugene A. Cross, of counsel and on the brief).
A. Herbert D'Amico argued the cause for respondents Daniel O'Donnell and Mrs. Daniel O'Donnell.
James D. Martin argued the cause for respondents Joseph Caffiero and Mrs. Joseph Caffiero (Lynch, Mannion, Lutz & Lewandowski, attorneys; James D. Martin on the brief; also Monico and Rappa, attorneys; Leonard F. Rappa on the letter brief).
Michael Muscio argued the cause for respondents Tulio Monagas, "Jane" Monagas and Angel Monagas (Frank Cofone, Jr., on the letter brief).
Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for amicus curiae Commissioner of Education (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel; Alfred E. Ramey, Jr., Deputy Attorney General, on the brief).
David W. Carroll, General Counsel for the New Jersey School Boards Association, filed a brief for the Association amicus curiae (Christine D. Weger, Associate Counsel, on the brief).
No brief was filed on behalf of any of the other parties.
Before Judges CRANE, MILMED and KING.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
The central issue before us in these consolidated appeals is the constitutionality of N.J.S.A. 18A:37-3, which reads:
The parents or guardian of any pupil who shall injure any school property shall be liable for damages for the amount of the injury to be collected by the board of education of the district in any court of competent jurisdiction, together with costs of suit.
The essential facts may be briefly stated. Plaintiff Board...
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