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MC GOWAN v. BOROUGH OF EATONTOWN

151 N.J. Super. 440 (1977)

376 A.2d 1327

WILLIAM MC GOWAN, PLAINTIFF-APPELLANT, v. BOROUGH OF EATONTOWN, STATE OF NEW JERSEY, MOTHER HUBBARD RESTAURANT AND NEW JERSEY HIGHWAY AUTHORITY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1977.

Attorney(s) appearing for the Case

Mr. Philip G. Auerbach argued the cause for appellant (Messrs. Auerbach, Rudnick and Waldman, attorneys).

Mr. Richard A. Amdur argued the cause for respondent Borough of Eatontown.

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for respondent State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney, Mr. Steven A. Tasher, Deputy Attorney General, on the brief).

Before Judges BISCHOFF, MORGAN and KING.

KING, J.S.C., Temporarily Assigned.

Plaintiff appeals from a grant of summary judgment below in favor of defendants Borough of Eatontown and State of New Jersey. This personal injury claim was brought by the driver of a motor vehicle involved in a one-car accident occurring on State Highway 35 on February 4, 1973, in the vicinity of the driveway of defendant Mother Hubbard Restaurant in Monmouth County. Defendants State and borough prevailed below by summary judgment...

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