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PETRONZIO v. BRAYDA

138 N.J. Super. 70 (1975)

350 A.2d 256

AMY PETRONZIO, AN INFANT BY HER GUARDIAN AD LITEM, FRANK PETRONZIO, AND FRANK PETRONZIO, INDIVIDUALLY, PLAINTIFFS, v. ITALO BRAYDA, DEFENDANT-THIRD PARTY PLAINTIFF-RESPONDENT. LOUISA NOSENZO, DEFENDANT, v. LINDA PETRONZIO, THIRD PARTY DEFENDANT, AND SUSSEX COUNTY MUTUAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1975.

Attorney(s) appearing for the Case

Mr. Samuel A. Gennet, attorney for third party defendant-appellant, Sussex County Mutual Insurance Company (Mr. David L. Ploshnick on the brief).

Busche, Clark & Leonard, attorneys for defendant third party plaintiff-respondent, Italo Brayda (Mr. R. Webb Leonard, of counsel and on the brief).

Before Judges LYNCH, ACKERMAN and LARNER.

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

On June 19, 1971 the infant plaintiff Amy Petronzio was on the premises of her grandmother Louisa Nosenzo. At the same time Italo Brayda (Brayda) was mowing the lawn of Mrs. Nosenzo. He operated a riding mower in reverse and it came in contact with plaintiff's foot, causing severe injuries.

The infant plaintiff and her father filed a complaint against Brayda, the operator of the mower, and Mrs. Nosenzo...

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