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KLEIN v. R & S AUTO STORES, INC.

165 N.J. Super. 546 (1979)

398 A.2d 915

ALAN KLEIN AND LEONARD KLEIN, PLAINTIFFS-APPELLANTS, v. R & S AUTO STORES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND GENERAL PARTS CO., A CORPORATION OF THE STATE OF NEBRASKA, DEFENDANTS-RESPONDENTS, AND BOROUGH OF KENILWORTH, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1979.

Attorney(s) appearing for the Case

Messrs. McElroy, Connell, Foley & Geiser, attorneys for appellants (Mr. George J. Kenny, of counsel; Mr. Richard D. Catenacci on the brief).

Mr. Elliot N. Fabricant, attorney for respondent R & S Auto Stores, Inc. (Ms. Carol A. Ferentz, of counsel and on the brief).

Messrs. Hueston, Hueston & Sheehan, attorneys for respondent General Leisure Products, Inc. (named in pleadings as "General Parts Co." Mr. Robert T. Hueston, of counsel and on the brief).

Before Judges LYNCH, CRANE and HORN.

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

This is a mini-bike accident case. On July 21, 1969 plaintiff Alan Klein, then 14 years old, suffered severe head injuries as the result of an accident which occurred while he was riding his mini-bike on a public street in Kenilworth, New Jersey. After Alan attained his majority, he instituted this action to recover damages from defendants R & S Auto Stores, Inc. (R & S), the seller, and General Leisure...

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