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EDWARDS v. McBREEN

849 A.2d 204 (2004)

369 N.J. Super. 415

Mark EDWARDS, Jr., Plaintiff, v. Joseph J. McBREEN, III, Joseph McBreen, Jr., Leon Rosenberg, and Mac Rose Contractors, Inc., Defendants. Jason L. Opitz, Plaintiff, v. Joseph J. McBreen, III, Joseph J. McBreen, Jr., Leon Rosenberg, Mac Rose Contractors, Defendants/Third-Party Plaintiffs-Respondents, and Mark Edwards, Jr., Defendant/Third-Party Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 2004.

Attorney(s) appearing for the Case

Stacy L. Moore, Jr. (Parker, McCay & Criscuolo, attorneys) and Steven Blader (Szaferman, Lakind, Blumstein, Blader, Lehmann & Goldshore, attorneys) argued the cause for appellant; Mr. Moore and Mr. Blader, on the briefs.1

Hugh A. Keffer argued the cause for respondents Joseph McBreen, III, and Joseph McBreen, Jr. (Dughi, Hewit & Palatucci, attorneys; Mr. Keffer and Gary L. Riveles, of counsel; Mr. Riveles, on the brief; Mr. Keffer, on the supplemental brief).

Tricia E. Habert argued the cause for respondents Leon Rosenberg and Mac Rose Contractors, Inc. (Crawshaw, Mayfield, Turner, O'Mara, Donnelly & McBride, attorneys; Jeffrey M. Brennan, on the brief and supplemental brief).

Before Judges BRAITHWAITE, LINTNER and S.L. REISNER.

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

Mark Edwards, Jr., in his capacity as defendant and third-party defendant appeals, pursuant to leave granted, from an order imposing a duty on him as a rear seat passenger to use an available seatbelt to prevent injury to front seat passenger Jason Opitz. We reverse and remand for further proceedings.

Edwards was a rear seat passenger and plaintiff Opitz was a front seat passenger in a vehicle owned...

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