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FOLDI v. JEFFRIES

182 N.J. Super. 90 (1981)

440 A.2d 58

JENNIFER FOLDI, AN INFANT BY HER GUARDIAN AD LITEM, DANIEL R. COBURN, PLAINTIFF-APPELLANT, v. DORSIE G. JEFFRIES AND FLORENCE JEFFRIES AND MICHAEL FOLDI AND BERNADINE FOLDI, DEFENDANTS-RESPONDENTS AND DORSIE G. JEFFRIES AND FLORENCE JEFFRIES, THIRD-PARTY PLAINTIFFS, v. MICHAEL FOLDI AND BERNADINE FOLDI, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1981.

Attorney(s) appearing for the Case

R. Jerome Jabbour argued the cause for appellant (Lucid, Jabbour, Pinto & Rodgers, attorneys; R. Jerome Jabbour on the brief).

Donald S. McCord, Jr. argued the cause for respondents (O'Donnell, McCord & Leslie, attorneys; Donald S. McCord, Jr. on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

In this personal injury action infant-plaintiff appeals from an order for summary judgment entered in favor of her parents, defendants Michael and Bernadine Foldi. Plaintiff was 2 1/2 years old at the time of the accident. Her theory of recovery is grounded in defendants' claimed failure to exercise reasonable care in supervising her behavior and to instruct her in personal care and safety. The order below rests...

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