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ROMAN v. MITCHELL

82 N.J. 336 (1980)

413 A.2d 322

MICHAEL ROMAN, AN INFANT BY HIS GUARDIAN AD LITEM CAROL ROMAN, AND CAROL ROMAN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ROBERT M. MITCHELL, JR., SHERMAN WADE, JR. AND N. SALVATERRA CONSTRUCTION COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 13, 1980.

Attorney(s) appearing for the Case

Leonard F. Rappa argued the cause for appellants (Monica and Rappa, attorneys).

David Lustbader argued the cause for respondent Robert M. Mitchell, Jr. (Philip M. Lustbader and David Lustbader, attorneys; Susan L. Moreinis on the brief).

Edward J. Gilhooly argued the cause for respondents Sherman Wade, Jr. and Salvaterra Construction Company.

The opinion of the Court was delivered by SULLIVAN, J.

The suit herein is a tort action filed on behalf of Michael Roman, the infant plaintiff herein, for serious injuries sustained by him in an accident on the New Jersey Turnpike. His mother Carol Roman has joined in the suit.

On September 29, 1973, Michael, then 12 years old, and three young companions pushed their bicycles up on an embankment adjacent to the southbound...

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