VEGA BY MUNIZ v. Piedilato

The opinion of the Court was delivered by

*499OHERN, J.

We granted certification, 149 N.J. 139, 693 A.2d 109 (1997), to consider whether our decision in Brett v. Great American Recreation, Inc., 144 N.J. 479, 677 A.2d 705 (1996), modified the infant-trespasser rule as formulated in section 339 of the Restatement (Second) of Torts (1965) (Restatement), and whether, under that formulation, the negligence of the trespassing child is double counted, first to determine whether a duty exists on the part of the landowner and again to reduce or eliminate an award for the minor. We conclude that our holding…