Murray v. Shimalla

The opinion of the court was delivered by

BRODY, J.A.D.

Ten-year-old Keith Murray (plaintiff), by his guardian ad litem, and his guardian ad litem individually1 brought this personal injury action against plaintiffs father (defendant) and Patrick Shimalla, another young boy. The two boys and a third young boy, Chris Hague, were using gasoline to make a fire in a wooded area behind the Murray home. The boys had obtained the gasoline from an unlocked storage shed on the Murray property. Plaintiff was injured when the gasoline ignited. We granted defendant’s motion for leave to appeal an order…