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Schwartz v. U.S. Rubber Corp.

New Jersey Superior Court, Appellate Division


Decided: January 25, 1972.

RYAN SCHWARTZ, LINDA SCHWARTZ, RANDY SCHWARTZ, ROGER SCHWARTZ, JR., INFANTS BY THEIR GUARDIAN AD LITEM, ROGER SCHWARTZ, CATHERINE SCHWARTZ AND ROGER SCHWARTZ, INDIVIDUALLY, PLAINTIFFS-APPELLANTS,
v.
U.S. RUBBER CORP., A CORPORATION, U.S. ROYAL TIRE, GENERAL MOTORS CORP., A CORPORATION, A. C. CHEVROLET DISTRIBUTORS, CATHERINE SCHWARTZ AND ROGER SCHWARTZ (AS TO CLAIMS ARISING OUT OF INFANTS' INJURIES ONLY), DEFENDANTS-RESPONDENTS

Sullivan, Leonard and Carton.

Per Curiam

[118 NJSuper Page 129]

This appeal involves the issue whether any retroactive effect should be given to the decision in France v. A.P.A. Transport Corp. , 56 N.J. 500 (1970), which allows suits between unemancipated children and their parents for injuries suffered as a result of the negligent operation of a motor vehicle. We conclude that Darrow v. Hanover Township , 58 N.J. 410 (1971), controls as is indicated by the June 8, 1971 order of the Supreme Court denying certification of the then pending appeal in this case.

Affirmed.

19720125


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