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KAUFFMAN v. GULLACE

252 N.J. Super. 467 (1991)

600 A.2d 143

SUSAN M. KAUFFMAN & MICHAEL KAUFFMAN, PLAINTIFFS-APPELLANTS, v. FRANCIS A. GULLACE, ZAYADIN BOYKO, JACK GULLACE, JOHN DOE 1-10 INDIVIDUALLY AND/OR XYZ CORP. 1-10 BODIES CORPORATE, DEFENDANTS/RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1991.

Attorney(s) appearing for the Case

Vincent N. Falcetano, Jr. argued the cause for appellants (Drazin & Warshaw, attorneys; Vincent N. Falcetano, Jr., on the brief).

Philip G. Pagano argued the cause for respondent Francis A. Gullace (MaGee & Pagano, attorneys; Philip G. Pagano, on the brief).

Stephen J. Spudic argued the cause for respondent Jack Gullace (Britt, Riehl & Spudic, attorneys; Stephen J. Spudic, on the brief).

Before Judges KING, DREIER and BROCHIN.

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

Plaintiffs appeal from a summary judgment granted in favor of defendants Francis A. (Frank) Gullace and Jack Gullace. Plaintiff, Susan Kauffman, was injured in a two-vehicle accident in Bricktown, New Jersey, allegedly caused by the other driver. This case requires us to examine the scope of the presumption that the driver of a vehicle is the agent of the owner. We here extend the presumption to most entruster...

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