FELIX MANGUAL VS. LAZAR BEREZINSKY,
ET AL. JUDITH MANGUAL AND FELIX MANGUAL VS. LAZAR BEREZINSKY, ET AL. A-0979-11T4
We affirm summary judgment to
plaintiffs on liability in
this res ipsa case because plaintiffs’
proofs, although
circumstantial, were sufficient to
make out a prima facie case
of negligence, which defendant
could not rebut as he had no
explanation for his car having spun
out of control and left the
roadway, striking and injuring
plaintiffs as they stood on the
shoulder outside their disabled
car. We reverse the summary
judgment to plaintiffs on agency.
Although the parties made
cross-motions on a largely
undisputed record, the inferences
that could be drawn from the
undisputed facts vary greatly thus
requiring
the agency issue to be determined by the jury. 07-23-12
