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FAUL v. DENNIS ET AL.,

118 N.J. Super. 338 (1972)

287 A.2d 470

ARLENE JOYCE FAUL AS GUARDIAN AD LITEM OF CHARLES D. HANSON, AN INFANT, PLAINTIFF, v. WILLIE DENNIS ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 28, 1972.

Attorney(s) appearing for the Case

Mr. Kalman H. Geist for plaintiff Arlene Joyce Faul, as guardian ad litem of Charles D. Hanson, an infant (Mr. Morris Novick, attorney).

Mr. Edward P. Shea for defendant Charleen Hanson (Mr. Henry O. Habick, attorney; Robert J. Casulli).

Mr. Thomas J. Osborne, Jr., for defendants Willie Dennis and Theodore Zubatkin (Messrs. Vaccaro & Osborne, attorneys).

DALTON, J.S.C.

This motion presents the dual questions of whether the doctrine of parental immunity is applicable to automobile cases occurring prior to the abrogation of the doctrine in France v. A.P.A. Transport Corp., 56 N.J. 500 (1970), and, if so, whether defendant is precluded from asserting the immunity for the first time at trial.

The motor vehicle accident out...

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