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PAIVA v. PFEIFFER

229 N.J. Super. 276 (1988)

551 A.2d 201

MARIA PAIVA AND FERNANDO PAIVA, PLAINTIFFS-APPELLANTS, v. MICHAEL PFEIFFER AND DANCHEM INC., T/A COLONIAL CHEMICALS AND KENNETH A. RAYMOND, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1988.

Attorney(s) appearing for the Case

Waters, McPherson, McNeill, Fitzpatrick, attorneys for appellants (Joseph G. Ragno, on the brief).

Frederick W. Stevens, attorney for respondents (Norman K. Zeiner, on the brief).

Before Judges MICHELS, MUIR and KEEFE.

KEEFE, J.S.C. temporarily assigned.

The issues to be decided on this appeal are: 1) whether the trial court erred in failing to instruct the jury, pursuant to Dolson v. Anastasia, 55 N.J. 2 (1969), that a violation of N.J.S.A. 39:4-89 is negligence as a matter of law under the facts of this case; and 2) whether instructing the jury on the sudden emergency doctrine constituted plain error.

Maria and Fernando Paiva...

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