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MITCHELL v. CITY OF TRENTON

163 N.J. Super. 287 (1978)

394 A.2d 886

JEAN ANN MITCHELL AND DONALD MITCHELL, HER HUSBAND, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. CITY OF TRENTON, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Mr. Harry R. Hill, Jr. argued the cause for appellants and cross-respondents (Messrs. Backes and Backes, attorneys, and Mr. Michael J. Nizolek on the brief).

Mr. Gerald A. Hughes argued the cause for respondent and cross-appellant (Messrs. Levy, Levy, Albert & Marcus, attorneys).

Before Judges PRESSLER and KING.

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

Plaintiffs appeal from the trial judge's grant of defendant City of Trenton's motion to dismiss under R. 4:40-1 at the conclusion of the evidence. Plaintiff Jean Ann Mitchell had allegedly sustained injuries when she fell into a hole in a broken portion of street curbing at a crosswalk in Trenton. Her husband alleged derivative damages. The case was presented before a jury, as permitted by N.J.S.A.<...

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