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DeROBERTIS v. RANDAZZO

94 N.J. 144 (1983)

462 A.2d 1260

PETER DeROBERTIS, AN INFANT BY HIS GUARDIAN AD LITEM CAROLYN DeROBERTIS AND VITO DeROBERTIS, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. JOSEPH RANDAZZO, JR., INDIVIDUALLY AND T/A RANDY'S AUTO BODY, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, v. BRUCE McCARTHY, THIRD-PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided July 25, 1983.

Attorney(s) appearing for the Case

Edward G. O'Byrne argued the cause for appellant.

William J. Pollinger argued the cause for Peter DeRobertis, etc. (DeLorenzo & Pollinger, attorneys).

Jack A. Maloof argued the cause for respondent Vito DeRobertis.

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

The principal issue in this case is the liability of a dog owner to an infant plaintiff bitten by the owner's dog. At trial the jury returned a verdict for the plaintiffs, and the Appellate Division, in an unreported opinion, affirmed. A factual issue existed at the trial, however, as to whether the infant plaintiff was lawfully on the property of the owner, but the trial court did not submit that question to the...

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