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ABRAHAM v. RASO

Nos. CIV.A. 96-4884(JEI), CIV.A. 96-5146(JEI).

15 F.Supp.2d 433 (1998)

Vanessa ABRAHAM, in her own right and as Administratrix of the Estate of Robert Abraham, deceased, and on behalf of Robert Christopher Abraham, Jr., Labreea Von Abraham and Taquan Carey, the minor children of decedent, Plaintiff, v. Kimberly RASO, et al., Defendants. Kimberly RASO and Joris Hoogendoorn, Plaintiffs, v. The ESTATE OF Robert C. ABRAHAM, et al., Defendants.

United States District Court, D. New Jersey.

March 5, 1998.

Attorney(s) appearing for the Case

Popper & Yatvin by Diane R. Brocco, Edison, for plaintiff Abraham.

Mario A. Iavicoli by Mario A. Iavicoli, Haddonfield, NJ, for defendant Raso.

Kotlikoff, Littlefield & Fishman by Louis J. Kotlikoff, Audobon, NJ, for plaintiffs Raso and Hoogendoorn.

Poplar & Eastlack, P.C. by Jeffrey A. Ahren, Turnersville, NJ, for defendant Township of Cherry Hill.

Archer & Greiner, P.C. by Frank D. Allen, Haddonfield, NJ, for defendants Cherry Hill Center, Inc., The Rouse Co., and The Rouse Co. of New Jersey, Inc.

Lester Schwab Katz and Dwyer by Robert Dunn, Millburn, NJ, for defendants Macy's East, Inc.

Hoagland, Longo, Moran, Dunst & Doukas by John C. Simons, New Brunswick, NJ, for intervening plaintiff CNA Insurance Co.

Law Offices of Sue Ellen Johnson by Lewis K. Jackson, Marlton, NJ, for intervening defendant Liberty Mutual Insurance Co.

OPINION

IRENAS, District Judge.

I. INTRODUCTION1

On October 15, 1994, in the early evening, Robert Abraham and his cousin, Dennis Redding, were observed stealing clothing from the men's department in Macy's department store in the Cherry Hill Center ("the Mall") in Cherry Hill, New Jersey. One Macy's guard followed Abraham and Redding out of Macy's and into the Mall parking lot. Another Macy's guard called Mall...

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