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Buono v. Scalia

Supreme Court of New Jersey
843 A.2d 1120 (2004)


Facts

During a neighborhood block party attended by several children and 14 adults, five-year-old Michael Scalia (defendant) was riding a bicycle, which he had learned to do two months earlier. Michael’s father, Alphonse Scalia (defendant), watched the boy from five to eight feet away. Lisa Scalia (defendant) was not present at the time. Diane Buono was standing within arm’s length of her 16-month-old daughter, Kathryn, when Michael approached on the bike. Alphonse shouted “watch out” to Michael, who then collided with Kathryn. Diane neither saw the accident nor heard Alphonse yell out. Kathryn was injured, needing stitches. Kathryn’s father, Vincent Buono (plaintiff), sued the Scalias for negligence. The trial court decided in the Scalias’ favor. Buono appealed the judgment in favor of the parents. The Appellate Division affirmed. Buono appealed.

Rule of Law

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Issue

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Holding and Reasoning (Verniero, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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