McGARVEY v. G.I. JOE SEPTIC SERV.


293 N.J. Super. 129 (1996)

679 A.2d 733

DENNIS MCGARVEY, PLAINTIFF, v. G.I. JOE SEPTIC SERVICE, INC., JOSEPH LOMBARDO, SR. AND STEPHEN DEPALMA, DEFENDANTS-APPELLANTS, v. FORD MOTOR COMPANY, INC., RICE & HOLMAN FORD, INC., RICE & HOLMAN LEASING AND/OR AUTOMOTIVE RENTALS, INC., THIRD-PARTY DEFENDANTS-RESPONDENTS. DENNIS MCGARVEY, PLAINTIFF-APPELLANT, v. FORD MOTOR COMPANY AND RICE & HOLMAN FORD, DEFENDANTS-RESPONDENTS, AND G.I. JOE SEPTIC SERVICE, INC., JOSEPH LOMBARDO AND STEPHEN DEPALMA, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 1996.


Attorney(s) appearing for the Case

John R. Gercke argued the cause for appellants G.I. Joe Septic Service, Inc., Joseph Lombardo and Stephen DePalma in A-352-93T1 (Gercke, Dumser & Feld, attorneys; Mr. Gercke and William C. Popjoy, III, on the brief).

Gary D. Ginsberg argued the cause for appellant Dennis McGarvey in A-354-93T1 (Law Offices of Gary D. Ginsberg, attorney; Brian P. O'Connor on the brief).

William J. Conroy argued the cause for respondent Ford Motor Company in A-352-93T1 and A-354-93T1 (White and Williams, attorneys; Mr. Conroy and Thomas M. Hinchey on the briefs).

Burchard V. Martin argued the cause for respondent Rice & Holman Ford, Inc., Rice & Holman Leasing and Automotive Rentals, Inc. in A-352-93T1 and A-354-93T1 (Martin, Gunn & Martin, attorneys; Burchard V. Martin and William J. Martin on the briefs).

Before Judges ARNOLD M. STEIN, KESTIN and CUFF.


The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

We consolidate these appeals for disposition.

We reverse the no cause for action verdict as to defendants Ford and Rice & Holman. We remand for retrial of all strict liability and negligence issues except as to Rice & Holman. We conclude that the Ford LTL-9000 chassis-cab delivered by Rice & Holman to defendants DePalma and G.I. Joe was defective as a matter of law.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases