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CLAYTON v. FREEHOLD TP. BD. OF ED.

130 N.J. Super. 198 (1974)

326 A.2d 65

SCOTT T. CLAYTON, AN INFANT BY HIS GUARDIAN AD LITEM, CURTIS CLAYTON, AND CURTIS CLAYTON, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. FREEHOLD TOWNSHIP BOARD OF EDUCATION, WILLIAM McCROWHAN AND CLAUDIO LOPEZ, AN INFANT BY HIS GUARDIAN AD LITEM, J.R. LOPEZ, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 1974.

Attorney(s) appearing for the Case

Mr. Michael D. Schottland argued the cause for appellants (Messrs. Chamlin, Schottland and Rosen, attorneys; Mr. Thomas W. Cavanagh, Jr. on the brief).

Mr. Bernard F. Boglioli argued the cause for respondents, Freehold Township Board of Education and William McCrowhan.

Mr. Richard A. Amdur argued the cause for respondents Lopez (Messrs. Hanlon, Amdur and Hanlon, attorneys).

Before Judges COLLESTER, LORA and HANDLER.

The opinion of the court was delivered by LORA, J.A.D.

Plaintiffs sued the Freehold Township Board of Education, William McCrowhan, a gym teacher, and Claudio Lopez, a fellow student of infant plaintiff Scott T. Clayton, to recover damages for injuries sustained when a baseball bat slipped out of Lopez' hands during a softball game and struck Clayton who was seated on a players' bench along the third base line.

They appeal from a judgment of no cause for action...

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