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BATTEN BY BATTEN v. BOBO

218 N.J. Super. 589 (1986)

528 A.2d 572

JAMES SCOTT BATTEN, BY JAMES BATTEN GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM AND JAMES BATTEN, INDIVIDUALLY, PLAINTIFFS, v. LYNDA BOBO, ROBERT BOBO, WAYNE BOBO, RONALD HELLER, MARGARET HELLER AND JOHN DOES (FICTITIOUS NAMES) I/J/S/A, DEFENDANTS/THIRD PARTY PLAINTIFFS, v. ALLEN STARRETT, HADDON HEIGHTS TOWNSHIP POLICE DEPARTMENT, SUSAN BATTEN AND JAMES BATTEN, THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Camden County.

Decided November 7, 1986.

Attorney(s) appearing for the Case

Michael Berger for plaintiff (Nathan Friedman, attorney).

F. Herbert Owens, III for defendants Robert Bobo and Wayne Bobo (Montano, Summers, Mullen, Manuel & Owens, attorneys).

Donald Kaplan for defendant/third-party plaintiffs Lynda Bobo, Robert Bobo, Ronald Heller and Margaret Heller (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys).

Joseph Collins for third-party defendants Susan and James Batten (Yampell & Kaplan, attorneys).

Barry Cohen for third-party defendants Allen A. Starrett and Haddon Heights Tp. Police (Cooper, Perskie, April, Niedelman & Wagengeim, attorneys).

WEINBERG, P.J.Cv.

On March 17, 1984 defendants Lynda and Robert Bobo hosted a party at their parents' (Ronald and Margaret Heller) residence. Refreshments were provided, which included alcoholic beverages. The plaintiff's decedent, James Batten, age 15, attended the party and thereafter, in the early morning hours of March 18, 1984 operated a dirt bike for a joyride with another minor, John Bobo, as a passenger. The dirt bike collided with a Haddon Heights police...

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