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PTASZYNSKI v. UWANEME

853 A.2d 288 (2004)

371 N.J.Super. 333

Robert PTASZYNSKI and Mary Ptaszynski, Plaintiffs, v. Ehiri UWANEME, Defendant, and Ehiri Pius and Patricia Uwaneme, individually and on behalf of Allen Ehiri and Karen Ehiri, Third Party Plaintiffs-Appellants, v. Robert Ptaszynski, Jeffrey Olah, Frank Salsano, Joseph Kapinos, Township of Woodbridge, and Woodbridge Police Department, Third Party Defendants-Respondents, and Prudential Insurance Company, Third Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 2004.

Attorney(s) appearing for the Case

Eldridge Hawkins, East Orange, argued the cause for appellants.

Christopher Killmurray, New Brunswick, argued the cause for respondent, Robert Ptaszynski (Philibosian, Russell, Killmurray & Kinneally, attorneys; Mr. Killmurray of counsel; Mr. Killmurray and Michelle G. Haas, on the joint brief).

Philip G. George argued the cause for respondent, Jeffrey Olah (Eric M. Bernstein, attorney, Warren; Mr. Bernstein and Mr. George, on the joint brief).

Lori A. Dvorak, North Brunswick, argued the cause for respondent, Frank Salsano (Lynch & Martin, attorneys; Ms. Dvorak, of counsel and on the joint brief).

Nita Raval, argued the cause for respondent, Joseph Kapinos (Sarkisian, Florio & Kenny, attorneys; Edward Florio, of counsel, Hoboken; Mr. Florio and Ms. Raval, on the joint brief).

Alan J. Baratz, Parsippany, argued the cause for respondents Township of Woodbridge and Woodbridge Police Department (Weiner & Lesniak, attorneys; Mr. Baratz, of counsel and on the joint brief).

Before Judges KESTIN, WINKELSTEIN and LARIO.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

When four Woodridge Township (the Township) police officers responded to a domestic violence call at the home of Pius Ehiri and his wife, Patricia Uwaneme, an altercation ensued. As a result, Ehiri was indicted by a Middlesex County grand jury for fourth-degree resisting arrest, in violation of N.J.S.A. 2C:29-2a; third-degree aggravated assault on a police officer, in violation of N.J...

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