Mavrikidis v. Petullo
New Jersey Supreme Court
707 A.2d 977 (1998)
Karl Pascarello (defendant), owner of the Clar Pine auto service center, hired the Petullo Brothers, Inc. (defendant) to supply asphalt and concrete to Clar Pine for the purposes of renovating the station’s parking lot and service area. Gerald Petullo (defendant) drove the company’s dump truck to Newark Asphalt Corporation (defendant) where it was loaded with nearly 11 tons of hot asphalt. Petullo was transporting the asphalt to Clar Pine when he drove through a red light and struck a vehicle driven by Alice Mavrikidis (plaintiff). Petullo lost control of the truck. The dump truck struck a light pole, overturned, and spilled hot asphalt onto Mavrikidis’ car causing her to suffer severe burn injuries. Mavrikidis filed suit against a number of individuals and entities. At trial, an expert witness testified that had the dump truck not been overloaded with asphalt, Petullo would not have lost control of the truck. The jury found that Petullo negligently operated the dump truck which proximately caused the accident. Further, the jury concluded that Clar Pine was vicariously liable for the actions of Petullo. Finally, the jury found the Newark Asphalt was negligent in overloading the dump truck. The jury affixed percentages of negligence to all liable defendants, including attributing 89 percent of the fault to Clar Pine. Clar Pine appealed. The appellate division reversed the trial court’s judgment and held there was insufficient evidence to support a finding that Clar Pine was vicariously liable for the actions of Petullo. Mavrikidis appealed. The New Jersey Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (Garibaldi, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.