DeRobertis v. Randazzo

I agree generally with the principles of law stated by the majority. I disagree with their application to the facts of this case. The holding would permit the jury to make a trespasser out of a five year old boy who regularly tagged along when his father went to defendant’s body shop on business, and deny recovery for a severe dog bite because the boy was not “lawfully on ... the property of the owner of the dog.” N.J.S.A. 4:19-16. Because that result is inconsistent with the way that defendant tried the case, with our landowner liability law and with the statute protecting dog bite victims,…