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EYRICH FOR EYRICH v. DAM

193 N.J. Super. 244 (1984)

473 A.2d 539

PATRICIA EYRICH, AS GUARDIAN AD LITEM FOR MARY JO EYRICH, AND EDWARD EYRICH, AND PATRICIA EYRICH, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CONNY H. DAM, D/B/A MISS CONSTANCIA LEOPARD & JAGUAR; ROBERT EARL D/B/A ROBERTS BROS. CIRCUS; SCHOOLEY'S MOUNTAIN FIRE PROTECTION ASSOCIATION; BOARD OF EDUCATION OF THE TOWNSHIP OF WASHINGTON; WILLIAM BLEISNER D/B/A WILMER ASSOCIATES; CARLTON YOUNG, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 1984.

Attorney(s) appearing for the Case

Thomas M. McCormack argued the cause for appellants (Thomas M. McCormack and Russ Molloy on the brief).

Kevin F. Colquhoun argued the cause for respondent Schooley's Mountain Fire Protection Association (Colquhoun & Colquhoun, attorneys; Robert F. Colquhoun on the brief).

Donald L. Berlin argued the cause for respondent Roberts Bros. Circus (Lieb, Berlin & Kaplan, attorneys).

Feuerstein, Sachs & Maitlin, attorneys for respondent Board of Education of Washington Township, filed a letter brief relying on brief filed by respondent Roberts Bros. Circus.

Donald Berlin, attorney for respondent William Bleisner, filed a Statement in Lieu of Brief relying on brief filed by respondent Roberts Bros. Circus (Lieb, Berlin & Kaplan, attorneys).

Gerald Kaplan, attorney for respondent Carlton Young, filed a Statement in Lieu of Brief relying on brief filed by respondent Roberts Bros. Circus (Lieb, Berlin & Kaplan, attorneys).

Before Judges BOTTER, PRESSLER and O'BRIEN.

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

Plaintiffs Edward Eyrich and Patricia Eyrich appeal from a summary judgment dismissing their complaint on the ground that it failed to state a cause of action upon which relief could be granted. The gravamen of the complaint was the emotional damage each of the plaintiffs claimed to have sustained as the result of a fatal attack by a circus leopard upon the five-year-old child of a neighbor whom they had taken...

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