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DeBONIS v. ORANGE QUARRY CO.

233 N.J. Super. 156 (1989)

558 A.2d 474

LOUIS DEBONIS AND REBECCA DEBONIS, PLAINTIFFS-APPELLANTS, v. ORANGE QUARRY COMPANY, A NEW JERSEY CORPORATION; ESSEX COUNTY, NEW JERSEY; THE TOWNSHIP OF WEST ORANGE, NEW JERSEY AND H.B. MELLOTT ESTATES, INC., DEFENDANTS-RESPONDENTS, AND TRI COUNTY ASPHALT CORP., A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1989.

Attorney(s) appearing for the Case

Max Spinrad argued the cause for the appellants (Miele, Cooper, Spinrad and Kronberg, attorneys).

Vincent A. Cino argued the cause for the respondent, County of Essex (H. Curtis Meanor, Acting Essex County Counsel, attorney).

William T. Connell argued the cause for the respondent, Township of West Orange (Dwyer, Connell and Lisbona, attorneys).

Kenneth P. Walsh argued the cause for the respondent, H.B. Mellott Estates (Lewis, Siegel and Wood, attorneys).

Barry S. Tolstoi argued the cause for the respondent, Orange Quarry Company (Tolstoi and Tolstoi, attorneys).

Before Judges MICHELS, MUIR, Jr. and KEEFE.

The opinion of the court was delivered by KEEFE, J.S.C. (temporarily assigned).

This case arises out of a motorcycle accident which occurred at the intersection of Eagle Rock Avenue and Mountain Avenue in West Orange. Plaintiff, Louis DeBonis, the operator of the motorcycle, sustained personal injuries. He contends that a contributing factor to the accident was the presence of a large number of small stones at, or near, the intersection and alleges that the stones...

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