1. Home
  2. Browse Decisions
  3. A.3d
  4. 27 A.3d
  5. 27 A.3d 191 (2011)
 

BADALAMENTI v. SIMPKISS

DOCKET NO. A-5571-09T1

27 A.3d 191 (2011)

422 N.J. Super. 86

Anthony BADALAMENTI, a Minor by his Guardian Josephine Badalamenti and Josephine Badalamenti, Individually, Plaintiffs-Appellants, v. Victor C. SIMPKISS, III, COPD Services, and Gelco Corp., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 2011.

Attorney(s) appearing for the Case

Paul R. Melletz , Cherry Hill , argued the cause for appellant (Begelman, Orlow & Melletz, attorneys; Mr. Melletz, on the briefs).

William J. O'Kane, Jr. , Haddonfield, argued the cause for respondents (Archer & Greiner, P.C., attorneys; Mr. O'Kane and John R. Powers , on the briefs).

Before Judges CARCHMAN, WAUGH and ST. JOHN.

The opinion of the court was delivered by

ST. JOHN, J.S.C. (temporarily assigned).

The primary issue addressed in this appeal is whether the driver of a delivery truck owed a duty of care to an unseen trespasser, who fell off the back of the truck and was injured. We hold that the driver had no duty to inspect the rear of the vehicle for unauthorized riders.

Plaintiffs Anthony Badalamenti and his mother Josephine Badalamenti1

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases