MURRAY BY OLSEN v. SHIMALLA


231 N.J. Super. 103 (1989)

555 A.2d 24

KEITH MURRAY, AN INFANT BY HIS GUARDIAN AD LITEM, OTTO OLSEN, AND OTTO OLSEN, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. PATRICK SHIMALLA, DEFENDANT-RESPONDENT, AND DOUGLAS MURRAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1989.


Attorney(s) appearing for the Case

Charles P. Hopkins II, argued the cause for appellant (Richard J. Sauerwein, attorney; Charles P. Hopkins II on the brief).

John R. Gorman argued the cause for respondent Keith Murray (Lutz & Shafranski, attorneys; John R. Gorman, on the brief).

Richard D. Millet argued the cause for respondent Patrick Shimalla (Hampson & Millet, attorneys; Richard D. Millet, on the brief).

Before Judges BRODY, ASHBEY and SKILLMAN.


The opinion of the court was delivered by BRODY, J.A.D.

Ten-year-old Keith Murray (plaintiff), by his guardian ad litem, and his guardian ad litem individually1 brought this personal injury action against plaintiff's father (defendant) and Patrick Shimalla, another young boy. The two boys and a third young boy, Chris Hague, were using gasoline to make a fire in a wooded area behind the Murray home. The boys had obtained the gasoline from...

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