APUZZIO v. J. FEDE TRUCKING


809 A.2d 812 (2002)

355 N.J.Super 122

Robert APUZZIO and Doreen Apuzzio, husband and wife, Plaintiffs-Appellants, v. J. FEDE TRUCKING, INC., a New Jersey Corporation, and Israel R. Barden, Sr., and Passaic County Tire, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 2002.


Attorney(s) appearing for the Case

Richard A. Pizzi, attorney for appellants.

Lenox, Socey, Wilgus, Formidoni, Brown, Giordano & Casey, attorneys for respondents J. Fede Trucking, Inc. and Israel Barden, Sr. (James J. Breslin, Lawrenceville, on the brief).

Middleton & Kennedy, attorneys for respondent Passaic County Tire, Inc. (Paul S. Kennedy, Sea Girt, on the brief).

Before Judges PRESSLER, CIANCIA and AXELRAD.


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

The issue presented here is whether the doctrine of res ipsa loquitur was available to plaintiffs on facts demonstrating that the vehicle they were in was struck by a wheel that had detached from a passing truck. The trial court in granting summary judgments in favor of defendants believed it was not. We disagree.

On September 3, 1998, Israel Barden was operating a tractor-trailer owned by J...

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