ELBA I. ROSA v. WALTER'S ELECTRONICS, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4889-04T54889-04T5

ELBA I. ROSA,

Plaintiff-Appellant,

v.

WALTER'S ELECTRONICS, an entity of

unknown corporate structure; SPANISH

TRANSPORTATION, INC., an entity of

unknown corporate structure; and

WALTER BECCERRA, individually,

Defendants-Respondents.

______________________________________

 

Submitted May 17, 2006 - Decided July 17, 2006

Before Judges Wefing and Fuentes.

On appeal from Superior Court of New

Jersey, Law Division, Passaic County,

No. L-3598-03.

Paul Fernandez, attorney for appellant.

Stevens & Schwab, attorneys for respondent

(Dennis B. O'Brien, on the brief).

PER CURIAM

Plaintiff appeals from a trial court order granting summary judgment to defendants. After reviewing the record in light of the contentions advanced on appeal, we reverse.

Plaintiff brought suit for injuries she alleged she received on September 3, 2001, when she was in the course of boarding a bus owned and operated by defendants. According to plaintiff, she and a friend, Carmen Lugo, boarded the bus which accelerated while she was still in the aisle, not yet having reached a seat. Plaintiff said she fell as a result of the movement and was seriously injured.

Both plaintiff and Ms. Lugo noted that the bus bore number 253. According to Ms. Lugo's certification, she memorized the license plate number of the bus after the accident and provided the number to plaintiff. A motor vehicle search revealed that defendants owned that bus.

Defendants moved for summary judgment, presenting the certification of Norberto Curitomai, president of Spanish Transportation. According to that certification, bus number 253 owned by Spanish Transportation had finished its runs for the day and was parked at the time of plaintiff's accident. Mr. Curitomai also noted in his certification that other bus companies operating in the area painted their buses to resemble defendant's. Included in plaintiff's opposition to this motion was Ms. Lugo's certification that, following the accident, she memorized the license plate number of the bus involved. The trial court granted defendants' motion and noted on the order that it was undisputed that defendants' bus was garaged at the time of the accident.

Having reviewed the record presented to us, we are satisfied that the trial court erred in granting this motion. In our judgment, the certifications of plaintiff and Ms. Lugo that plaintiff identified the bus as a result of Ms. Lugo having memorized the license plate number raised a material question of fact under the principles enunciated in Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995). Plaintiff was entitled to the favorable inferences flowing from those certifications on a motion for summary judgment. A jury would determine their accuracy and reliability.

 
Reversed and remanded for further proceedings. We do not retain jurisdiction.

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A-4889-04T5

July 17, 2006