Schomp v. Wilkens by Leen
New Jersey Superior Court, Appellate Division
501 A.2d 1036 (1985)
- Written by Sharon Feldman, JD
Facts
Gregory Schomp (plaintiff), a 17-year-old, was riding his bicycle when he was hit by another bicycle ridden by David Wilkens (defendant), a minor. Wilkens was exiting his driveway, which was surrounded by foliage and not clearly visible to someone making a turn onto the street. Gregory and his father (the Schomps) sued Wilkens for negligence. The trial court instructed the jury that the standard of care for a minor was that exercised by a person of similar age, judgment, and experience. The court refused the Schomps’ request for a jury charge on the effects of violation of motor-vehicle statutes. The jury found against the Schomps. On appeal, the Schomps argued that the trial court erred in failing to charge the jury that Wilkens’s conduct should be evaluated by an adult standard.
Rule of Law
Issue
Holding and Reasoning (Long, J.)
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