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DERRICOTTE v. UNITED SKATES OF AMERICA

794 A.2d 867 (2002)

350 N.J. Super. 227

Derene DERRICOTTE, Plaintiff-Appellant, and Willie Derricotte, her spouse, Plaintiff, v. UNITED SKATES OF AMERICA, d/b/a Branch Brook Park Roller Skating Rink and Terrence Pegas, Defendants-Respondents, and Essex County, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided April 16, 2002.

Attorney(s) appearing for the Case

Sergio G. Carro, Denville, argued the cause for appellant (Einhorn, Harris, Ascher, Barbarito, Frost & Ironson, attorneys; Mr. Carro, on the brief).

Nicholas A. Giuditta, III, Cranford, argued the cause for respondents.

Before Judges SKILLMAN, WALLACE, JR. and WELLS.

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

The issue presented by this appeal is whether the Roller Skating Rink Safety and Fair Liability Act (the Act), N.J.S.A. 5:14-1 to 5:14-7, confers immunity upon a roller skating rink operator for negligently instructing a person how to roller skate. We conclude that the Act does not govern a claim arising out of alleged negligence in connection with a skating...

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