VEGA BY MUNIZ v. PIEDILATO


294 N.J. Super. 486 (1996)

683 A.2d 845

SAMUEL VEGA, AN INFANT BY HIS GUARDIAN AD LITEM, MIGDALIA MUNIZ, AND MIGDALIA MUNIZ, PLAINTIFFS-APPELLANTS, v. ROBERT PIEDILATO, BRUCE PUFF AND WAYNE PUFF, DEFENDANTS-RESPONDENTS, AND CITY OF PERTH AMBOY; HOUSING AUTHORITY, COUNTY OF MIDDLESEX; HOUSING AND COMMUNITY DEVELOPMENT, STATE OF NEW JERSEY, AND COMMUNITY AFFAIRS DEPARTMENT, DIVISION OF HOUSING, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1996.


Attorney(s) appearing for the Case

Eugene A. Cross argued the cause for appellants (Ramp & Renaud, attorneys; Ann L. Renaud, on the brief).

Thomas D. Monte, Jr., argued the cause for respondent Robert Piedilato (Monte & Marriott, P.C., attorneys; Mr. Monte, of counsel; Frank E. Borowsky, Jr., on the brief).

William C. Carey argued the cause for respondents Bruce and Wayne Puff (McElroy, Deutsch & Mulvaney, attorneys; Mr. Carey and John T. Coyne, on the brief).

Before Judges HAVEY, BROCHIN and KESTIN.


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

This personal injury action involves the application of the infant-trespasser rule under the Restatement (Second) of Torts § 339 (1963) and (1964) (Restatement). Plaintiffs appeal from a summary judgment dismissing their complaint in favor of defendants Robert Piedilato and Bruce and Wayne Puff. While trespassing on Mischief Night, fourteen-year old plaintiff, Samuel Vega, fell into an air...

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