Brennan v. Biber, A--753

Decision Date19 February 1968
Docket NumberNo. A--753,A--753
Citation239 A.2d 261,99 N.J.Super. 247
PartiesPatrick BRENNAN, Brian Brennan and Sean Brennan, infants by their guardian ad litem, Monica Brennan, Monica Brennan, individually and John T. Brennan, Plaintiffs-Appellants, v. Henry BIBER and Henry Stockhammer, Defendants-Respondents.
CourtNew Jersey Superior Court — Appellate Division

Daniel Crystal, Paterson, for appellants (Cohn & Lifland, Paterson, attorneys).

Sam Weiss, Newark, for respondent, Henry Biber (Jung, Selikoff, Rathman & Dwyer, Newark, attorneys).

Before Judges SULLIVAN, FOLEY and LEONARD.

PER CURIAM.

The judgment of the Law Division is affirmed substantially for the reasons set forth in Judge Kole's opinion reported at 93 N.J.Super. 351, 225 A.2d 742 (Law Div.1966).

Additionally, we dispose of a point not specifically discussed in the reported opinion. Plaintiffs contend that certain evidence rulings by the trial court and comments of the court generally relating thereto had the effect of removing from jury consideration important aspects of the injury claim of Sean Brennan. The record does not support the contention. Moreover, in its charge, the court clearly pointed out to the jury that there was a testimonial conflict with respect to these matters which required jury determination.

Affirmed.

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10 cases
  • Siciliano v. Capitol City Shows, Inc.
    • United States
    • New Hampshire Supreme Court
    • April 9, 1984
    ...and wife than that between parent and child. Brennan v. Biber, 93 N.J.Super. 351, 367, 225 A.2d 742, 751 (1966), aff'd, 99 N.J.Super. 247, 239 A.2d 261 (1968). Second, loss of marital consortium includes impairment of the sexual life of a married couple, which is not an element of the paren......
  • Michaels v. Nemethvargo
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1989
    ...Butler v. Chrestman, 264 So.2d 812 (Miss.1972); Brennan v. Biber, 93 N.J.Super. 351, 225 A.2d 742 (Law Div.1966), aff'd, 99 N.J.Super. 247, 239 A.2d 261 (App.Div.1968); Gilbert v. Stanton Brewery, 295 N.Y. 270, 67 N.E.2d 155 (1946); Kalsow v. Grob, 61 N.D. 119, 237 N.W. 848 (1931); Quinn v.......
  • Carter v. University of Medicine & Dentistry
    • United States
    • U.S. District Court — District of New Jersey
    • December 6, 1993
    ...of her children's society and companionship. Brennan v. Biber, 93 N.J.Super. 351, 225 A.2d 742 (Law Div.1966), aff'd, 99 N.J.Super. 247, 239 A.2d 261 (App.Div.1968). The trial judge concluded, however, that no cause of action for loss of a child's society and companionship existed in New Je......
  • Boucher By and Through Boucher v. Dixie Medical Center, a Div. of IHC Hospitals, Inc.
    • United States
    • Utah Supreme Court
    • August 21, 1992
    ...v. Biber, 93 N.J.Super. 351, 225 A.2d 742, 752 (1966) (no recovery beyond loss of services and medical expenses), aff'd, 99 N.J.Super. 247, 239 A.2d 261 (1968); Wilson v. Galt, 100 N.M. 227, 668 P.2d 1104, 1112 (Ct.App.) (no recovery for loss of filial consortium), cert. quashed, 100 N.M. 1......
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