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COX v. VALLEY FAIR CORP.

83 N.J. 381 (1980)

416 A.2d 809

RUBY COX AND ARTHUR COX, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. THE VALLEY FAIR CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 1, 1980.

Attorney(s) appearing for the Case

Alan Y. Medvin, argued the cause for appellants (Horowitz, Bross and Sinins, attorneys).

Joseph S. Montalbano, argued the cause for respondent.

Arthur Ian Miltz, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America (Kronisch & Schkeeper, attorneys; Theodore I. Koskoff, a member of the Connecticut bar, of counsel).

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

In this personal injury case, the Appellate Division set aside an award of damages in favor of plaintiffs on the ground of an improper and prejudicial summation to the jury by plaintiffs' counsel. A new trial as to damages only was ordered. The ruling was based on our decision in Botta v. Brunner, 26 N.J. 82 (1958), which prohibits...

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