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PAGANO v. McCLAMMY

159 N.J. Super. 581 (1978)

388 A.2d 1008

SALVATORE S. PAGANO AND DOROTHY A. PAGANO, PLAINTIFFS-APPELLANTS, v. AARON J. McCLAMMY, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1978.

Attorney(s) appearing for the Case

Mr. Robert W. Gluck argued the cause for appellants (Messrs. Gluck and Kelso, attorneys).

Mr. Donald V. Sutton argued the cause for respondent (Messrs. Hansen, Pantages, Sellar & Zavesky, attorneys).

Before Judges HALPERN, LARNER and KING.

PER CURIAM.

The dispositive issue presented is whether the trial judge erred in denying plaintiffs' motion for a directed verdict on liability at the close of all the proofs. Because we find the trial judge erred in not directing a verdict for plaintiffs, we will not discuss or pass upon other issues raised.

This appeal results from the second jury trial on liability in this auto negligence case. The first trial ended in a verdict of no cause for action in...

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