Madeline Carrino, Plaintiff-Appellant v. Jeffrey Novotny, Carl Mellone & Son, Inc., Robert De Simone, Choo Choo…

Summary

The Supreme Court of New Jersey reversed the Appellate Division, reinstated the jury verdict against Carl Mellone & Son, Inc., held that the ordinance violation was sufficient evidence of negligence, reversed the improper dismissal of Mellone's cross‑claim against the Choo Choo Club and remanded both the cross‑claim and the issue of prejudgment interest for further trial. Justice Schreiber filed a concurring opinion agreeing with the majority's result but emphasizing the lack of evidence of the truck’s angle of parking.