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LEMBAGA ENTERPRISES, INC. v. CACE TRUCKING & WAREHOUSE, INC.

727 A.2d 1026 (1999)

320 N.J. Super. 501

LEMBAGA ENTERPRISES, INC., Plaintiff-Appellant, v. CACE TRUCKING & WAREHOUSE, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Anthony J. Pruzinsky, Jersey City, for plaintiff-appellant (Hill, Rivkins, & Hayden LLP, attorneys).

Michael K. Tuzzio, Tinton Falls, for defendant-respondent (Ronan, Tuzzio & Giannone, attorneys; Christopher J. Keale, Morristown, on the brief).

Before Judges BAIME and A.A. RODRIGUEZ.

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

In this commercial bailment action, we hold that proof of damage to or loss of goods while in the custody of a bailee gives rise to a presumption of conversion by the bailee. The bailee may rebut the presumption by proof that the bailee did not intentionally or negligently convert the goods and that it was not negligent in preventing third parties from causing the loss or damage. However,

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