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McKINNEY v. EAST ORANGE MUN. CORP.

284 N.J. Super. 639 (1995)

666 A.2d 191

CAROLYN MCKINNEY, INDIVIDUALLY, GABRIEL MCKINNEY, AN INFANT BY HIS GUARDIAN AD LITEM, CAROLYN MCKINNEY, DAVID MCKINNEY, JR., BY HIS GUARDIAN AD LITEM, CAROLYN MCKINNEY, AND DAVID MCKINNEY, SR., PLAINTIFFS-APPELLANTS, v. EAST ORANGE MUNICIPAL CORPORATION, ANTHONY WOODSON, JOHN DOE (FICTITIOUS NAME) AND RICHARD ROE (FICTITIOUS NAME), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1995.

Attorney(s) appearing for the Case

Emanuel Needle argued the cause for appellants (Kohn & Needle, attorneys; Rochelle L. Gluck, on the brief).

Lissa Jean argued the cause for respondent East Orange Municipal Corporation (Brown, Lofton, Childress & Wolfe, attorneys; James H. Wolfe, III on the brief).

Before Judges PRESSLER, KEEFE and WEFING.

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

On December 31, 1986, plaintiffs Carolyn and David McKinney, Sr. with their two sons, Gabriel, then seventeen, and David, Jr., then fourteen, were living in the first-floor apartment of a three-story, three-family house in East Orange. At 10 o'clock that morning, David McKinney, Sr. was out seeing to the repair of his car. Carolyn McKinney, on holiday from her job, was in her bedroom, dressed in her nightgown...

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