BOARD OF EDUCATION OF PISCATAWAY TOWNSHIP, A PUBLIC BODY OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MR. JOSEPH CAFFIERO, MRS. JOSEPH CAFFIERO, HIS WIFE, JAY CAFFIERO, MR. DANIEL O'DONNELL, MRS. DANIEL O'DONNELL, HIS WIFE, AND FRANCIS O'DONNELL, DEFENDANTS-APPELLANTS, AND MR. DEAN MARTONE, MRS. DEAN MARTONE, HIS WIFE, AND DEAN MARTONE, DEFENDANTS. BOARD OF EDUCATION OF THE BOROUGH OF ROSELLE, PLAINTIFF,
v.
TULIO MONAGAS, "JANE" MONAGAS, (FIRST NAME BEING FICTITIOUS) AND ANGEL MONAGAS, DEFENDANTS-APPELLANTS, AND GREAT AMERICAN INSURANCE COMPANY, INTERVENOR.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 10, 1981.
Decided June 9, 1981.
Attorney(s) appearing for the Case
James D. Martin, Jr., argued the cause for appellants Joseph Caffiero, et al. (Lynch, Mannion, Lewandowski & Martin and Monico & Rappa, attorneys).
A. Herbert D'Amico argued the cause for appellants Daniel O'Donnell, et al.
Michael Muscio argued the cause for appellants Tulio Monagas, et al.
Joel N. Werbel argued the cause for intervenor Great American Insurance Company (Methfessel & Werbel, attorneys).
Fredrica Hochman argued the cause for amicus curiae Association for Children of New Jersey.
David B. Rubin argued the cause for respondent (Rubin, Lerner & Rubin, attorneys).
Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for amicus curiae Commissioner of Education (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel).
Christine D. Weger, Associate Counsel, relied upon the brief submitted to the Appellate Division on behalf of amicus curiae New Jersey School Boards Association (David W. Carroll, General Counsel, attorney).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by PASHMAN, J.
In these cases we must determine the constitutionality of N.J.S.A. 18A:37-3,1 which imposes vicarious liability without fault on the parents or guardian of any pupil who damages public school property. This statute is distinct from the general parental liability statute in New Jersey, which holds a parent, guardian or other person with legal custody of a child liable for the...
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