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COSTA v. JOSEY

83 N.J. 49 (1980)

415 A.2d 337

JOSEPH COSTA, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATES OF EDWARD J. FLOCCO, JR., AND PHYLLIS FLOCCO, PLAINTIFF-APPELLANT, v. ALBERT J. JOSEY, DEFENDANT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 13, 1980.

Attorney(s) appearing for the Case

Joseph T. Afflitto argued the cause for appellant (Diamond, Diamond and Afflitto, attorneys).

Stephen Skillman, Assistant Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Deputy Attorney General, of counsel; Thomas F. Marshall, Deputy Attorney General, on the brief).

The opinion of the Court was delivered by SCHREIBER, J.

Joseph Costa, as general administrator and administrator ad prosequendum of the estates of Edward J. Flocco, Jr. and his wife Phyllis Flocco, instituted a wrongful death action against the New Jersey Department of Transportation (Department). He charged the Department with having negligently maintained and repaired the center barrier separating the eastbound and westbound traffic on Route 4 in Teaneck...

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