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CARNEY v. GORDON AND WILSON COMPANY

153 N.J. Super. 109 (1977)

379 A.2d 263

STEPHEN CARNEY AND DOLORES CARNEY, HIS WIFE, PLAINTIFFS-APPELLANTS, v. GORDON AND WILSON COMPANY, DANELLA BROTHERS, MICHAEL N. MAGUIRE AND WILLIE L. RICHMOND, INDIVIDUALLY, JOINTLY, OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Mr. Frederick R. Grayer argued the cause for appellants (Messrs. Kent, Grayer & Rosenberg, attorneys).

Mr. Robert J. Partlow argued the cause for respondents (Messrs. Parker, McCay and Criscuolo, attorneys).

Before Judges BISCHOFF, KOLE and GAULKIN.

The opinion of the court was delivered by GAULKIN, J.S.C., Temporarily Assigned.

Plaintiffs Stephen Carney and Dolores Carney, his wife, appeal from a judgment of no cause for action entered against them in this personal injury negligence action. Their principal contention here is that the trial judge erred in refusing to permit the jury to consider whether the acts of defendants Gordon and Wilson Company and Michael N. Maguire constituted "wanton and willful misconduct...

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