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ROZYCKI v. PELEY

199 N.J. Super. 571 (1984)

489 A.2d 1272

THOMAS ROZYCKI, JR., AN INFANT, BY HIS GUARDIAN AD LITEM, THOMAS ROZYCKI, SR., MICHAEL ROZYCKI, AN INFANT, BY HIS GUARDIAN AD LITEM, THOMAS ROZYCKI, SR., THOMAS ROZYCKI, SR., INDIVIDUALLY, PATRICIA ROZYCKI, INDIVIDUALLY, CHAD MIEDEN, AN INFANT, BY HIS GUARDIAN AD LITEM, DOUGLAS MIEDEN, MARTIN MIEDEN, AN INFANT, BY HIS GUARDIAN AD LITEM, DOUGLAS MIEDEN, DOUGLAS MIEDEN, INDIVIDUALLY, DARLENE MIEDEN, INDIVIDUALLY, ROBERT FARIELLO, AN INFANT, BY HIS GUARDIAN AD LITEM, RALPH FARIELLO, RALPH FARIELLO, INDIVIDUALLY, AND PHYLLIS FARIELLO, INDIVIDUALLY, PLAINTIFFS, v. ARTHUR H. PELEY AND CATHERINE C. PELEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided September 21, 1984.

Attorney(s) appearing for the Case

Francis X. Hermes for plaintiffs (Thiele & Hermes, attorneys; Richard Niemiec on the brief).

James McLaughlin and Daniel E. Chase for defendants (McLaughlin & Cooper, attorneys; Daniel E. Chase on the brief).

MEREDITH, J.S.C.

The issue presented in this case is whether the duty to warn, first addressed in our courts in McIntosh v. Milano, 168 N.J.Super. 466, 495 (Law Div. 1979), should be imposed on a wife who has knowledge of her husband's probable dangerousness.

Plaintiffs in this action are a group of infant boys who were victims of the sexual and physical assault of defendant, Arthur H. Peley. This action was...

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