BUDAI v. TEAGUE


212 N.J. Super. 522 (1986)

515 A.2d 822

CAROL BUDAI AND JOHN BUDAI, SR., PLAINTIFFS, v. JAMES TEAGUE AND LOIS ANN TEAGUE, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided March 14, 1986.


Attorney(s) appearing for the Case

Richard H. Thiele, for plaintiffs (Thiele & Hermes, attorneys).

Paul A. Woodford, for defendants (O'Donnell, McCord, Leslie & O'Toole, attorneys).


ARNOLD, J.S.C.

The plaintiff, Carol Budai, brought this action seeking recovery for serious injuries sustained when she was bitten by the defendants' dog. Her husband, John Budai, sues per quod. They have brought a motion for summary judgment, which raises the novel issue as to whether the Comparative Negligence Act, N.J.S.A. 2A:15-5.1-5.3, is applicable when recovery is sought pursuant to the "dog-bite" statute, N.J.S.A. 4:19-16, and, if so,...

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