SMITH EX REL. WASNIEWSKI v. FIREWORKS BY GIRONE, INC.


881 A.2d 1243 (2005)

380 N.J. Super. 273

Karen SMITH, Individually and as Guardian ad litem for Brenden Wasniewski, a minor, Plaintiffs-Respondents/Cross-Appellants, v. FIREWORKS BY GIRONE, INC., and Lexington Insurance Company, Defendants-Appellants/Cross-Respondents, and Township of Deptford, Defendant-Respondent/Cross-Appellant, and Harleysville Insurance Company of New Jersey, Defendant/Intervenor-Respondent/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 21, 2005.


Attorney(s) appearing for the Case

Joseph M. Assam, argued the cause for appellant Fireworks by Girone, Inc. (Thomas Dempster, III, attorney, Mount Laurel; Mr. Assam and Stephen C. Wolf, Avon By The Sea, on the brief).

John L. Slimm, Cherry Hill, argued the cause for appellant Lexington Insurance Co. (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Mr. Slimm and Lila Wynne Williams, on the brief).

Louis J. DeVoto, argued the cause for respondents/cross-appellants Karen Smith and Brenden Wasniewski (Rossetti & DeVoto, Cherry Hill and Norris, McLaughlin & Marcus, Bridgewater, attorneys; Mr. DeVoto, Cherry Hill, of counsel and on the brief; Haekyoung Suh, Bridgewater, on the brief).

Robert A. Hicken, Mount Laurel, argued the cause for respondent/cross-appellant Township of Deptford (Capehart & Scatchard, attorneys; Mr. Hicken, of counsel; Patricia L. Dee, on the brief).

Lance J. Kalik, Morristown, argued the cause for respondent Harleysville Insurance Co. of New Jersey (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Kalik, of counsel and on the brief; Luciana Lalande, on the brief).

Before Judges STERN, WECKER and GRAVES.


The opinion of the court was delivered by

WECKER, J.A.D.

This appeal is before us on remand from the Supreme Court. Smith v. Fireworks by Girone, Inc., 182 N.J. 138, 861 A.2d 843 (2004). It arises from interrelated disputes regarding (1) the proper source of payment for a judgment against a municipality and in favor of a child injured after...

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