Lesniak v. County of Bergen

The opinion of the Court was delivered by

CLIFFORD, J.

Plaintiffs brought suit to recover for personal injuries sustained by the infant plaintiff when a tree branch fell on him in a park maintained by the Bergen County Park Commission. The trial court refused plaintiffs’ request to charge the jurors that in assessing damages that might be awarded the infant plaintiff, they could consider his loss of income-earning capacity. On plaintiffs’ appeal to the Appellate Division challenging the adequacy of the verdict, that court, by a divided vote, upheld the trial court’s ruling in respect of the…