Bango v. Ward, A--232

• Decision Date: 01 October 1952
• Docket Number: No. A--232,A--232
• Citation: 21 N.J.Super. 500,91 A.2d 427
• Parties: BANGO v. WARD et al.
• Court: New Jersey Superior Court — Appellate Division

Page 500

21 N.J.Super. 500

91 A.2d 427

BANGO v. WARD et al.

No. A--232.

Superior Court of New Jersey

Appellate Division.

Argued Sept. 8, 1952.

Decided Oct. 1, 1952.

Robert C. Gruhin, Jersey City, argued the cause for the appellant.

John C. Stockel, Perth Amboy, argued the cause for the respondent Robert Fariss.

Before Judges FREUND, STANTON and CONLON.

The opinion of the court was delivered by

CONLON, J.C.C.

The plaintiff appeals from a summary dismissal by the Middlesex County Court in favor of the defendant Robert Fariss. The action against the defendant Donald Ward is not now in issue.

The complaint, so far as the defendant Fariss is concerned, is based upon the allegation that on August 14, 1948 the defendant 'was responsible for arrangements made in connection with soap box derby race held in the Borough of Carteret, New Jersey, which course was on and over a public street known as Pershing Avenue.' It is further alleged that the plaintiff while performing his duties as a police officer was injured when struck by the vehicle of Donald Ward, one of the youthful contestants, which had deviated from the course, and that defendant was negligent in not having provided adequate safety controls and devices.

On motion for summary judgment the following facts were not in dispute: The incident had been the subject of a prior suit by the plaintiff against the Carteret Lions Club which conducted the soap box derby and one William Starr who was alleged to have been the sponsor of it, and at the conclusion of the plaintiff's case a judgment of dismissal was entered. That ruling was thereupon appealed and the action of the trial court affirmed by the Appellate Division in an opinion of Judge Bigelow. Bango v. Carteret Lions Club, 12 N.J.Super. 52, 79 A.2d 57 (App.Div.1951). Thereafter, an application for reargument was denied by the Appellate Division, as was a petition for certification by the Supreme Court.

It further appeared without contradiction that in the instant case the defendant Robert Fariss acted in connection with the derby for and on behalf of the Lions Club as general chairman and coordinator of the activities of the other members of the club.

It is unnecessary to belabor the propriety of the trial court's action in entering the judgment of dismissal. Pending this appeal the Appellate Division has determined the same issue in an opinion by Judge Jayne in Templeton v. Scudder, 16 N.J.Super. 576, 85 A.2d 292 (App.Div.1951). In that case the plaintiff had previously brought suit against the Glen Rock Independence Day Association, Inc., for injuries sustained under circumstances similar to those here presented. After an adverse jury verdict the plaintiff brought suit against the defendant Scudder who was a member of the board of trustees of the association. The...