FAIR v. COUNTY OF BERGEN


151 N.J. Super. 520 (1977)

377 A.2d 700

HARRY P. FAIR AND MARTIN H. RABINOWITZ, M.D., PLAINTIFFS-APPELLANTS, v. COUNTY OF BERGEN AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1977.


Attorney(s) appearing for the Case

Messrs. Hartstein & Lowen, attorneys for appellants (Mr. Lawrence T. Lowen on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondents (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. Thomas F. Marshall, Deputy Attorney General, on the brief).

Dean Lynch, Assistant County Counsel, filed a statement in lieu of brief on behalf of respondent, County of Bergen (Vincent P. Rigolosi, Bergen County Counsel, attorney).

Before Judges LYNCH, MILMED and ANTELL.


PER CURIAM.

Plaintiffs herein brought an action against one Fred Butler in the Superior Court. At the close of the trial the court attendant mistakenly delivered into the jury room, together with the documentary exhibits received in evidence, the pretrial order and a copy of defendant's brief. Following discovery of this error the verdict which that jury returned on the complaint and the counterclaim in favor of Butler and against plaintiffs was vacated and a mistrial...

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