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MARINELLI v. K-MART CORP.

724 A.2d 806 (1999)

318 N.J. Super. 554

Dominic MARINELLI, a minor By and Through his mother and Guardian Ad Litem, Anne Marie MARINELLI and Anne Marie Marinelli, individually, Plaintiffs-Appellants/Cross-Respondents, v. K-MART CORPORATION and Ray Clerk, a fictitious unknown employee of K-Mart, Defendants-Respondents, Kyle Ford, John McDonough and Sean McDonough, j/s/a, Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1998.

Remanded October 13, 1998.

Resubmitted January 26, 1999.

Decided March 9, 1999.

Attorney(s) appearing for the Case

Vincent J. Ciecka, Pennsauken, for plaintiffs-appellants/cross-respondents (Mr. Ciecka, on the brief).

James D. Butler, Jersey City, for defendant-respondent/cross-appellant Kyle Ford (George Allison, on the brief).

Crawshaw, Mayfield, Turner, O'Mara, Donnelly & McBride, Cherry Hill, for defendant-respondent/cross-appellant John McDonough (Linton W. Turner, Jr., and Tricia E. Habert, on the brief).

Monte, Sachs & Borowsky, Sea Girt, for defendant-respondent K-Mart Corporation (Thomas D. Monte, Jr., on the brief).

Murphy and O'Connor, Haddonfield, for defendant-respondent/cross-appellant Sean McDonough, rely on brief filed on behalf of respondent John McDonough.

Before Judges STERN, KLEINER and KIMMELMAN.

Remanded by the Supreme Court of New Jersey — October 13, 1998.

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

This appeal involves the sale of a pellet gun to a minor in Pennsylvania and his transfer of the gun there to a New Jersey minor who shot out the eye of another New Jersey resident in New Jersey. The case is before us, on remand from the Supreme Court, to consider a choice-of-law issue not addressed in our original opinion.

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