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BUSIK v. LEVINE

63 N.J. 351 (1973)

307 A.2d 571

JOHN R. BUSIK, PLAINTIFF-RESPONDENT, v. JOSEPH M. LEVINE, DEFENDANT-APPELLANT. A-92 GILMA GIRALDO (BUSIK), PLAINTIFF-RESPONDENT, v. JOSEPH M. LEVINE, DEFENDANT-APPELLANT. DONALD F. FOLEY AND LILLIAN FOLEY, HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, v. UNITED ENGINEERS & CONSTRUCTORS, INC. AND PUBLIC SERVICE ELECTRIC AND GAS CO., DEFENDANTS-APPELLANTS. A-93

The Supreme Court of New Jersey.

Decided July 6, 1973.

Attorney(s) appearing for the Case

Mr. Richard J. Carroll argued the cause for appellant Levine (Mr. Louis J. Pantages, of counsel; Messrs. Gleeson, Hansen and Pantages, attorneys).

Mr. Donald F. Stevens argued the cause for appellant United Engineers and Constructors, Inc. (Messrs. Beggans and Stevens, attorneys).

Mr. Dino D. Bliablias argued the cause for intervenor National Association of Independent Insurers (A-92) (Mr. Kenneth J. McGuire, on the brief; Messrs. Stein, Bliablias and Goldman, attorneys).

Mr. Robert S. Johnson argued the cause for respondent Giraldo (Busik) (Messrs. Johnson and Johnson, attorneys; Mr. Samuel Chiaravalli appeared for respondent John R. Busik).

Mr. Patrick D. Conaghan appeared for respondents Foley (Mr. Donald D. Campbell, on the brief).

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

These cases involve the validity of R. 4:42-11(b), adopted on December 21, 1971 and effective on January 31, 1972, which authorizes prejudgment interest in tort actions. The accidents here involved occurred before the rule was adopted, but the cases came to trial after the effective date of the rule. Interest as provided in the rule was included in the judgments. We certified defendants' appeals before...

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