FLOWERS v. VIKING YACHT CO.


840 A.2d 291 (2003)

366 N.J. Super. 49

Barry FLOWERS and Lois Flowers, his wife, Plaintiffs v. VIKING YACHT COMPANY, Staten Island Boat Sales, Inc., Frank Bongiorno, and Bluewater Yacht Sales, Inc., Defendants.

Superior Court of New Jersey, Law Division-Civil Part.

August 13, 2003.


Attorney(s) appearing for the Case

Edward A. Genz, for plaintiff (Wilbert, Montenegro & Thompson, P.C.).

Marco P. DiFlorio, Maple Shade, for defendant Viking Yacht Co. (Rawle & Henderson, LLP, Marlton).

William E. Haddix, Haddon Heights, for defendants Frank Bongiorno and Staten Island Boat Sales, Inc. (Law Offices of Thomas Dempster, III, Mount Laurel).

Gerard M. Green, for defendant Bluewater Yacht Sales, Inc. (Law Offices of Charles P. Hopkins, II, Shrewsbury).


LOCASCIO, J.S.C.

The issue, presented by the within R. 4:6-2 motion to dismiss, is whether plaintiff may recover, in tort, for the diminution in value of his boat, lost business income, and counsel fees, associated with the defense of criminal charges brought against plaintiff, as a result of a boating accident in which three people died and another was seriously injured. This court, for the following reasons, answers this question in the negative.

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