Nelson v. Great Atlantic & Pacific Tea Co.

The opinion of the court was delivered by

Schettino, J. A. D.

Appeal is from a judgment of involuntary dismissal granted by the Law Division of this court on respondent’s motion after plaintiffs’ opening statements to the jury. The appeal does not involve defendant Tamburelli, since plaintiffs conceded that the damages sought did not arise from any fault of this defendant and plaintiffs agreed to a dismissal of the suit against Tamburelli.

The action is for personal injuries suffered by plaintiff Fay Nelson, necessitating considerable medical treatment, including 11 days of hospitalization with…