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ALLEN v. RUTGERS

216 N.J. Super. 189 (1987)

523 A.2d 262

TOM ALLEN, PLAINTIFF-APPELLANT, v. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1987.

Attorney(s) appearing for the Case

Douglas S. Brierley argued the cause for appellant (Schenck, Price, Smith & King, attorneys; David S. Cramp, of counsel; M. Sheilah O'Halloran and Douglas S. Brierley on the brief).

George J. Kenny argued the cause for respondent (Connell, Foley & Geiser, attorneys; George F. Kenny of counsel; Kathleen S. Murphy on the brief).

Before Judges PETRELLA, GAYNOR and SCALERA.

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

Plaintiff appeals from a jury determination that the negligence of Rutgers, The State University was not the proximate cause of personal injuries suffered by plaintiff when he vaulted over a four-foot wall and fell approximately 30 feet onto concrete steps while a student patron at a football game at the Rutgers' stadium. It is contended a new trial was mandated by the failure of the trial judge to remove from...

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