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POTWORA EX REL. GRAY v. GRIP

725 A.2d 697 (1999)

319 N.J. Super. 386

Casmir POTWORA, an incompetent, by his guardian, Ann Marie GRAY, Plaintiff, v. John A. GRIP, Jr., and Mary Jean Clancy-Cherry, Defendants. Casmir Potwora, an incompetent, by his guardian, Ann Marie Gray, Plaintiff/Appellant, v. Land Tool Co., Inc., Elvert H. Land, Jr., Kosco Harley Davidson and Vector Sports, Defendants/Respondents/Third-Party Plaintiffs, and Lear Siegler, Defendant/Respondent, and Royal Industries and Franchini Harley Davidson, Defendants, v. Mary Jean Clancy-Cherry, Third-Party Defendant. John A. Grip, Jr., Third-Party Defendant/ Fourth-Party Plaintiff, v. Mary Jean Clancy-Cherry, Fourth-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1999.

Attorney(s) appearing for the Case

Kenneth D. Iulo, Passiac, for plaintiff/appellant (August R. Soltis, on the brief).

Pepper Hamilton, Cherry Hill, for respondent Lear Siegler (Nicholas M. Kouletsis, on the brief).

Vector Sports, respondent pro se, did not file a brief.

Before Judges WALLACE, NEWMAN and FALL.

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

Plaintiff Casmir Potwora sustained severe head injuries when his motorcycle ran into the back of an automobile driven by defendant John Grip. Plaintiff's motorcycle helmet shattered upon impact. Plaintiff, by his guardian, Ann Marie Gray, brought this products liability suit against Land Tool Co., Inc. (Land Tool), the manufacturer of the helmet; Elvert H. Land, Jr., the owner of Land Tool; Royal Industries...

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