MAZZUCHELLI v. SILBERBERG


29 N.J. 15 (1959)

148 A.2d 8

JOHN MAZZUCHELLI, SR., PLAINTIFF-APPELLANT, v. BERT SILBERBERG AND JAMES NITOLLI, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 19, 1959.


Attorney(s) appearing for the Case

Mr. Edward S. Miller and Mr. Fowler V. Harper, of the Connecticut Bar, argued the cause for appellant (Mr. Emanuel M. Sultan and Messrs. Steisel, Gundersdorf & Wolf, attorneys; Mr. Fowler V. Harper, pro hac vice and Mr. Aaron Dines, of counsel and on the brief).

Mr. Gerald F. O'Mara argued the cause for respondent Bert Silberberg (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys; Mr. Gerald F. O'Mara, of counsel).

Mr. Andrew V. Clark argued the cause for respondent James Nitolli.


The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiff sued to recover for personal injuries sustained in a collision between cars operated by defendants Silberberg and Nitolli. He was a passenger in the Silberberg car. The trial judge ordered a judgment of involuntary dismissal as to Silberberg on the ground that plaintiff's exclusive remedy against him was under the Workmen's Compensation Act, and the correctness of that action is the sole issue on...

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