Buono v. Scalia

The opinion of the court was delivered by

ALLEY, J.A.D.

Plaintiffs appeal from a December 7, 2001 summary judgment order dismissing their personal injury complaint. The action was brought on behalf of a child, Kathryn Buono, who was injured when Michael Scalia, then aged five years and nine months, struck her with the bicycle he was riding. Plaintiffs sued Michael on a theory of direct negligence and sued Michael’s parents Alphonse and Lisa Scalia on a theory of negligent supervision. The trial judge determined that under Foldi v. Jeffries, 93 N.J. 533, 461 A.2d 1145 (1983), parental immunity…