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HULL v. GETTY REFINING & MARKETING CO.

202 N.J. Super. 461 (1985)

495 A.2d 445

MICHAEL HULL, III, PLAINTIFF-CROSS-APPELLANT, v. GETTY REFINING & MARKETING CO., T/A GETTY OIL; EASTERN GASOLINE RETAILERS, INC., T/A GETTY OIL; AND DONALD GRAY, DEFENDANTS-APPELLANTS, AND LIVINGSTON INDUSTRIES, INC., BERNARDI BROS., INC., SOUTHERN PRIDE, INC., CAZA EQUIPMENT OF NEW JERSEY, INC., AND OKUN INDUSTRIES, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1985.

Attorney(s) appearing for the Case

Thomas F. Heaney argued the cause for appellants (Carton, Nary, Witt & Arvantis, attorneys; David R. Leahy on the brief).

Richard B. Ansell argued the cause for cross-appellant (Anschelewitz, Barr, Ansell & Bonello, attorneys).

Richard E. Snyder argued the cause for respondent Livingston Industries, Inc. (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

Mauro C. Casci argued the cause for respondents Bernardi Bros., Inc. and Southern Pride, Inc. (Methfessel & Werbel, attorneys; Anthony P. Pasquarelli of counsel and on the brief).

Donald D. Davidson argued the cause for respondent Okun Industries, Inc. (Hoagland, Longo, Oropollo & Moran, attorneys).

No appearance was made on behalf of respondent Caza Equipment of New Jersey, Inc.

Before Judges MATTHEWS, FURMAN and HAVEY.

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

In an initial trial which ended in a jury disagreement, the trial court granted dismissals on motion at the close of the proofs in favor of all defendants except Getty Refining & Marketing Co. and Eastern Gasoline Retailers, Inc. both trading as Getty Oil (Getty) and Donald Gray individually. The trial court also barred as a matter of law the defense of comparative or contributory negligence and plaintiff...

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