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MORRIS v. JERSEY CITY

179 N.J. Super. 460 (1981)

432 A.2d 553

RODNEY MORRIS, AN INFANT BY HIS GUARDIAN AD LITEM, CLEO MORRIS, AND CLEO MORRIS, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CITY OF JERSEY CITY AND BOARD OF EDUCATION OF CITY OF JERSEY CITY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1981.

Attorney(s) appearing for the Case

Tulipan & Kushner, attorneys for appellants (Alexander Kushner, on the brief).

Louis P. Caroselli, Corporation Counsel, attorney for respondent City of Jersey City (William C. Gerrity, on the brief).

Eugene W. Cullen, attorney for respondent Board of Education of the City of Jersey City.

Before Judges FRITZ, POLOW and JOELSON.

PER CURIAM.

Plaintiffs' proofs support the charge that the infant plaintiff was injured while "shooting baskets" with others on a public school basketball floor after school hours when this gym was made available to youth who wanted to enter into this activity. It is also clear that the only person present connected with either of defendants was one Mr. Frager (or Fraiser) who, the infant plaintiff tells us, was "[l]ike a recreation man [who] watches over us, make...

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