Supreme Court of New Jersey
Madeline Carrino, Plaintiff-Appellant v. Jeffrey Novotny, Carl Mellone & Son, Inc., Robert De Simone, Choo Choo…
January 8, 197978 N.J. 355
Summary
The Supreme Court of New Jersey reversed the Appellate Division, reinstated the jury verdict finding Carl J. Mellone & Son, Inc. negligent for illegally parking a commercial van that contributed to a collision, overruled the dismissal of Mellone's cross‑claim against the Choo Choo Club, and remanded for further trial on the cross‑claim and prejudgment interest. Justice Schreiber filed a concurring opinion emphasizing that the ordinance violation alone does not establish negligence without proof of the vehicle’s angle and protrusion.