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GILBORGES v. WALLACE

78 N.J. 342 (1978)

396 A.2d 338

ROSEMARIE GILBORGES, AN INCOMPETENT, BY HER GUARDIANS AD LITEM ROSE M. GILBORGES AND ALBERT T. GILBORGES, PLAINTIFFS-APPELLANTS, v. JOHN WALLACE, DEFENDANT, AND CROSS COUNTRY EXPRESS, INC., DEFENDANT-RESPONDENT, AND LINDA A. GIANNINI AND BOARD OF EDUCATION, TOWNSHIP OF MAPLE SHADE, ETC., DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS. JOHN WALLACE, THIRD-PARTY PLAINTIFF, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, ET AL., THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Mr. Peter N. Perretti, Jr. argued the cause for appellants (Messrs. Friedman & Tighe, attorneys and Messrs. Riker, Danzig, Scherer & Debevoise, attorneys; Mr. Perretti and Mr. Howard P. Shaw, of counsel and on the briefs).

Mr. Edgar E. Moss, II argued the cause for cross-appellant Giannini (Messrs. Moss, Powell & Powers, attorneys; Mr. Moss, of counsel; Mr. Philip R. Lezenby, Jr., on the briefs).

Mr. Richard D. Catenacci argued the cause for cross-appellant Board of Education, Township of Maple Shade (Messrs. Connell, Foley & Geiser, attorneys; Mr. Theodore W. Geiser, of counsel).

Mr. G. Wesley Manuel, Jr. argued the cause for respondent (Messrs. Montano, Summers, Mullen & Manuel, attorneys; Mr. Robert T. Zane, III, on the brief).

The opinion of the court was delivered by SULLIVAN, J.

Plaintiffs appeal as of right from the Appellate Division reversal of a judgment of $1,000,000 in damages entered in their favor in an automobile accident case.

Plaintiff Rosemarie Gilborges suffered serious brain damage and other injuries on December 7, 1973 when the car in which she was riding as a passenger collided with a pickup truck. A jury awarded $1,000,000 in damages against (1) Linda Giannini...

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