LEVINE v. STATE


160 N.J. Super. 591 (1978)

390 A.2d 699

SOLOMON LEVINE AND MARILYN E. LEVINE, AS GUARDIANS AD LITEM FOR MAXWELL LEVINE, A MINOR, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES; COUNTY OF BERGEN; BERGEN COUNTY ADJUSTER'S OFFICE AND THE NORTH JERSEY TRAINING SCHOOL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1978.


Attorney(s) appearing for the Case

Mr. Michael J. Mella, P.A., attorney for appellants.

Mr. John J. Degnan, Attorney General, attorney for respondents (William F. Hyland, former Attorney General; Stephen Skillman, Assistant Attorney General, of counsel; Mark A. Geannette, Deputy Attorney General and Joseph T. Maloney, Deputy Attorney General, on the brief).

Before Judges ALLCORN, MORGAN and HORN.


The opinion of the court was delivered by ALLCORN, P.J.A.D.

Plaintiffs' ward is a mentally retarded child who now is and for several years past has been institutionalized at the North Jersey Training School at Totowa, a state institution for the care and maintenance of mentally retarded persons. According to the Director of Pediatrics at Totowa who examined him at the time of his admission, the child "is severely brain-damaged" and "will always be a permanent crib...

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