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DE SANTO v. BABINO

168 N.J. Super. 582 (1979)

403 A.2d 959

EMILE DE SANTO, JR., INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF GRACE DeSANTO, PLAINTIFF-APPELLANT, v. NICHOLAS BABINO AND THE ESTATE OF DONNA BABINO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1979.

Attorney(s) appearing for the Case

Messrs. Fierro and Fierro, attorneys for appellant (Mr. Daniel A. Fierro, Jr. on the brief).

Messrs. Harwood, Lloyd, Ryan, Coyle & Wulster, attorneys for respondent Nicholas Babino (Mr. John D. Allen, III on the brief).

Mr. Joseph Guez, attorney for respondent Estate of Donna Babino (Mr. Robert E. Quinn on the brief).

Before Judges LYNCH, CRANE and HORN.

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

On January 13, 1976 plaintiff's mother, Grace De Santo, was a passenger in a vehicle owned by plaintiff's brother-in-law, Nicholas Babino, and being driven by his sister, Donna, who was the wife of Nicholas Babino. Allegedly due to the negligence of Donna in the operation of the vehicle, an accident occurred. Both plaintiff's mother and his sister were killed. Plaintiff was not a witness to the accident.

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