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TORCHIA v. FISHER

95 N.J. 43 (1983)

468 A.2d 1061

JOHN TORCHIA; EDNA TORCHIA; KAREN WOOLLEY, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR RYAN WOOLLEY, PLAINTIFFS-RESPONDENTS, v. WILLIAM F. FISHER, ADMINISTRATOR OF THE ESTATE OF WILLIAM R. FISHER, DEFENDANT, AND GARDEN STATE AVIATION, INC., A CORPORATION, DEFENDANT-APPELLANT, AND WALL HERALD CORPORATION, A CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 22, 1983.

Attorney(s) appearing for the Case

William J. Brennan, III, argued the cause for appellant (Smith, Stratton, Wise, Heher & Brennan, attorneys; Alexander P. Waugh, Jr., on brief).

Richard D. Schibell argued the cause for respondents John Torchia, et al. (Shebell & Schibell, attorneys; Sandra DeSarno Hlatky, on brief).

Harry V. Osborne, II, argued the cause for respondent Wall Herald Corporation (Evans, Koelzer, Marriott, Osborne, Kreizman & Bassler, attorneys).

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

At issue is the interpretation and the constitutionality of N.J.S.A. 6:2-7, which imposes absolute liability on airplane owners for damage caused by their planes to persons and property on the ground. Although this Court upheld the constitutionality of the statute in Adler's Quality Bakery, Inc. v. Gaseteria, Inc., 32 N.J. 55

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