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BRINKLEY v. LaROCHE

178 N.J. Super. 243 (1981)

428 A.2d 930

BERTHA BRINKLEY, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF KAREN ANN RAINEY, AN INFANT, PLAINTIFFS-RESPONDENTS, v. ROBERT LAROCHE ET AL., DEFENDANTS, AND ESSEX COUNTY DIVISION OF WELFARE, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1981.

Attorney(s) appearing for the Case

Nicholas T. Grosch, Assistant County Counsel, argued the cause for appellant (David H. Ben-Asher, Essex County Counsel, attorney; Allen Zaks, Assistant County Counsel, of counsel; Nicholas T. Grosch on the brief).

Edward M. Weisslitz argued the cause for respondents (Schechner & Targan, attorneys; Edward M. Weisslitz on the brief).

Before Judges SEIDMAN, ANTELL and LANE.

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

The question posed in this appeal is the extent to which a county welfare agency may obtain reimbursement under a repayment agreement for aid granted to a dependent child from the proceeds of a tort recovery for personal injuries suffered by the child. A resolution of the question involves the construction of N.J.S.A. 44:10-4, the repayment provision of the act entitled "Assistance for Dependent Children...

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