DeVIVO v. ANDERSON

Docket No. L-5169-08

980 A.2d 498 (2009)

410 N.J. Super. 175

Sandra DeVIVO and John DeVivo, her husband, Plaintiffs, v. Britney ANDERSON and Suzanne Anderson, Defendants.

Superior Court of New Jersey, Law Division, Bergen County.

Decided April 22, 2009.


Attorney(s) appearing for the Case

Jeffrey S. Goldstein, Morristown, for plaintiffs (Schenck, Price, Smith & King, LLP, attorneys).

Janet L. Pisansky, Morristown, for defendants (Burke & Potenza, attorneys).


TOSKOS, J.S.C.

Plaintiffs Sandra DeVivo and John DeVivo ("DeVivos") bring this motion before the court seeking summary judgment as to liability against defendants Britney Anderson and Suzanne Anderson ("Andersons"). Plaintiffs allege that the Andersons are strictly liable pursuant to N.J.S.A. 4:19-16, the so called "dog bite" statute, for Sandra DeVivo's injuries. Sandra contends that Suzanne Anderson's German Shepherd dog, Magic, bit her on

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