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SUAREZ v. DOSKY

171 N.J. Super. 1 (1979)

407 A.2d 1237

EFRAIN SUAREZ, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF IDANIS RIVERA SUAREZ, A/K/A IDANIS RIVERA SUAREZ, DECEASED, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. TROOPER PAUL DOSKY, TROOPER ROBERT WEISERT, JOHN DOE, NEW JERSEY STATE POLICE AND THE STATE OF NEW JERSEY, INDIVIDUALLY AND COLLECTIVELY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 1979.

Attorney(s) appearing for the Case

Mr. George W. Fisher, Deputy Attorney General, argued the cause for appellants (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Thomas D. Monte, Jr., Deputy Attorney General, and Mr. Fisher, on the brief).

Mr. Gregory J. Aprile argued the cause for respondent (Mr. Philip M. Saginario, attorney and on the brief).

Before Judges ALLCORN, MORGAN and HORN.

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

Liability imposed by jury verdict upon two state police officers for the negligent performance of their duties in connection with a minor one-car accident requires us to consider the scope of a police officer's liability, or immunity, for negligence in the performance of his job under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. Also to be considered are more traditional issues such...

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