Villanova v. American Federation of Musicians, Local 16
| Citation | 123 N.J.Super. 57,301 A.2d 467 |
| Parties | George VILLANOVA and Lucy Villanova, his wife, Plaintiffs-Appellants, v. AMERICAN FEDERATION OF MUSICIANS, LOCAL 16 et al., Defendants-Respondents. |
| Decision Date | 09 March 1973 |
| Court | New Jersey Superior Court – Appellate Division |
Frank A. Paglianite, West Caldwell, for plaintiffs-appellants (Dante P. Mongiardo, West Paterson, on the brief).
Richard B. Livingston, East Orange, for defendant-respondent Essex County Park Comm. (Braff, Litvak, Ertag, Wortmann & Harris, East Orange, attorneys).
Before Judges GOLDMANN, FRITZ and LYNCH.
The opinion of the court was delivered by
FRITZ, J.A.D.
Plaintiffs appeal from the entry of summary judgment in favor of defendant Essex County Park Commission. A prior proceeding not here concerned resulted in a dismissal in favor of defendant City of Newark. Defendant American Federation of Musicians is the employer against whom a workmen's compensation claim has been filed.
The facts are simple and, for the purposes of the motion, undisputed. George Villanova is a musician and as such was employed to participate in the giving of a concert on the premises of the Essex County Park Commission. No admittance fee was charged for the concert. Plaintiff claims he fell over 'boulders and debris' as he was approaching the bandstand, that the presence of this impediment was the result of negligence on the part of the Essex County Park Commission, and that as a consequence he sustained injuries.
Defendant moved for judgment on the ground that it was immunized from liability by the provisions of N.J.S.A. 2A:42A--1 et seq. The trial judge agreed and dismissed the action. We are of the opinion that the determination was incorrect.
The matter is one of first impression in New Jersey. The issue can be simply posited in terms of whether it was the intent of the Legislature in enacting the statute in question to include a band concert within the acivities protected thereby.
The predecessor statute, repealed by the present enactment, simply immunized landowners of agricultural lands or woodlands from responsibility for accidental personal injury suffered in the course of hunting or fishing. L.1962, c. 107. Senate Bill No. 325, introduced on January 22, 1968, sought to expand the immunity provided by relieving owners, lessees or occupants of premises from a duty to keep the premises safe in connection with hunting, fishing, trapping, hiking, horseback riding or training of dogs. A substitute bill was offered shortly thereafter and enacted in the form in which the statute now appears. L.1968, c. 73. Defendant urges that the expansion of Senate Bill No. 325 to include 'additional...
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