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FOREIGN AUTO PREP. SERV. INC. v. VICON CONSTR.

193 N.J. Super. 420 (1984)

474 A.2d 1088

FOREIGN AUTO PREPARATION SERVICE INC., PLAINTIFF-APPELLANT, v. VICON CONSTRUCTION COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1984.

Attorney(s) appearing for the Case

Carmine A. Iannaccone argued the cause for appellant (Stryker, Tams & Dill, attorneys; Robert J. Del Tufo, of counsel; Carmine A. Iannoccone and Mark T. McMenamy on the brief).

George P. Lacay argued the cause for respondent (Schwartz & Andolino, attorneys).

Before Judges FURMAN and DEIGHAN.

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

Liability for property damage by a runaway bulldozer is at issue on this appeal. A vandal or vandals never identified started defendant Vicon Construction Company's bulldozer by "hot wiring," according to experts on both sides. In the early morning hours the driverless bulldozer crossed Doremus Avenue in Newark, crashed through a barbed wire fence surrounding plaintiff's premises and ran amuck for several minutes...

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