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ALLEN v. NICOLE, INC.

172 N.J. Super. 442 (1980)

412 A.2d 824

WILLIAM P. ALLEN, JR., AN INFANT BY HIS GUARDIAN AD LITEM, WILLIAM P. ALLEN SR., AND WILLIAM P. ALLEN, SR., INDIVIDUALLY AND AS PARENT AND GUARDIAN OF WILLIAM P. ALLEN, JR., PLAINTIFFS, v. NICOLE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ROBERT JONES AND A.G. MANGELS COMPANY, A NEW YORK CORPORATION DOING BUSINESS IN NEW JERSEY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division — Atlantic County.

Decided January 30, 1980.

Attorney(s) appearing for the Case

Stephen Holtzman for plaintiffs (Previti, Todd & Gemmel, attorneys).

Randolph C. Lafferty for defendant Jones (Lloyd, Megargee, Steedle, Youngblood & Franklin, attorneys).

NEUSTADTER, J.S.C.

This matter arises on a motion for summary judgment by defendant Robert Jones. The relevant facts are not in dispute and may be summarized as follows:

A "pony cart" amusement ride was purchased by defendant Robert Jones from the manufacturer defendant and was operated by him at a shopping mall location for about two months of the 1976 Christmas season. Defendant Jones then sold the "pony cart" ride to defendant Nicole, Inc. who, like Jones...

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