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THARP v. SHANNON

95 N.J. Super. 298 (1967)

230 A.2d 902

MARGARET THARP, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF MARGARET M. SHANNON, PLAINTIFF, v. FRANK M. SHANNON AND MARIO C. MALATESTA, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 26, 1967.

Attorney(s) appearing for the Case

Mr. Charles E. Starkey for plaintiff (Messrs. Starkey & Turnbach, attorneys).

Mr. Robert E. Combs for defendant Frank M. Shannon (Messrs. Haines, Schuman & Butz, attorneys).

MUCCIFORI, J.C.C. (temporarily assigned).

This litigation, presently before the court on defendant's motion for summary judgment, concerns the controversial problem of intrafamily tort actions as applied to suits commenced under the Survivor's Act, N.J.S. 2A:15-3 and the Wrongful Death Act, N.J.S. 2A:31-1. There is no recorded appellate decision in New Jersey which deals with the precise legal questions...

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