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Darrow v. Hanover Township

58 N.J. 410, 278 A.2d 200 (1971)

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Darrow v. Hanover Township

New Jersey Supreme Court

58 N.J. 410, 278 A.2d 200 (1971)

Facts

Herma Darrow (Mrs. Darrow) was a passenger in a car driven by her husband, Gerald Darrow (Mr. Darrow) (plaintiff) when the car hit a tree that protruded into the road, injuring Mr. and Mrs. Darrow. Mr. Darrow sued Hanover Township (township) (defendant), the municipality in which the accident occurred, arguing that the township was liable for the Darrows’ injuries because it had failed to warn of the danger presented by the tree. While Mr. Darrow’s case was pending, the New Jersey Supreme Court decided Immer v. Risko, 267 A.2d 481 (1970), eliminating interspousal immunity in automobile negligence cases. The township subsequently filed a counterclaim for contribution against Mr. Darrow. Claiming interspousal immunity, Mr. Darrow filed a motion for summary judgment. The trial court, holding that Immer applied retroactively, denied the motion. Mr. Darrow appealed.

Rule of Law

Issue

Holding and Reasoning (Proctor, J.)

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