Samuel Fulginiti, a Minor by His Guardian, Michael A. Marolla v. Peter Tocco and Margaret M. Tocco

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

In this diversity action the plaintiffs, a minor and his parents, seek damages resulting from injuries sustained by the minor plaintiff when he was struck in the eye by a piece of copper tubing wielded by a playmate. The District Court granted the defendants’ motion for summary judgment, and the plaintiffs appeal from that order. We agree with the District Court that the pleadings, depositions, and answers to interrogatories “show that there is no genuine issue as to any material fact” and that under New Jersey law the defendants are…