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BUONO v. SCALIA

817 A.2d 400 (2003)

358 N.J. Super. 210

Kathryn BUONO, by her guardian ad litem, Vincent Buono and Vincent Buono, individually, Plaintiffs-Appellants, v. Michael SCALIA, Defendant, and Alphonse Scalia and Lisa Scalia, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 2003.

Attorney(s) appearing for the Case

Matthew R. Pomo, Kearny, argued the cause for appellants (Doyle & Brady, attorneys; Mr. Pomo, of counsel and on the brief).

John V. Mallon, Secaucus, argued the cause for respondents (Chasan, Leyner, Bariso, & Lamparello, attorneys; Mr. Mallon, of counsel and on the brief).

Before Judges Stern, Collester, and Alley.

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

Plaintiffs appeal from a December 7, 2001 summary judgment order dismissing their personal injury complaint. The action was brought on behalf of a child, Kathryn Buono, who was injured when Michael Scalia, then aged five years and nine months, struck her with the bicycle he was riding. Plaintiffs sued Michael on a theory of direct negligence and sued Michael's parents Alphonse and Lisa Scalia on a theory of negligent...

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