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MASCOLA v. MASCOLA

168 N.J. Super. 122 (1979)

401 A.2d 1114

ELIZABETH MASCOLA, AN INFANT BY HER GUARDIAN AD LITEM, DOUGLAS REINA, PLAINTIFF-RESPONDENT, v. THOMAS AND JOYCE MASCOLA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1979.

Attorney(s) appearing for the Case

Mr. Joel N. Werbel argued the cause for appellants (Messrs. Methfessel & Werbel, attorneys).

Mr. Richard E. Fleischer argued the cause for the respondent (Messrs. Fleischer, Fleischer & Lainer, attorneys).

Before Judges HALPERN, ARD and ANTELL.

PER CURIAM.

This is a "dog bite" case. The sole issue in this appeal is whether a person in temporary custody of a dog is an "owner" subject to the doctrine of strict liability as set forth in N.J.S.A. 4:19-16.

The essential facts are not in dispute. The infant plaintiff's uncle, the owner of a Doberman pinscher, left it with the infant's parents for safekeeping while he was in Florida. The infant plaintiff...

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