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DOE v. YOUTH & FAMILY SERVICES DIVISION

178 N.J. Super. 499 (1981)

429 A.2d 596

JANE DOE (A FICTITIOUS NAME), A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, MARTHA FISHER AND MARTHA FISHER, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1981.

Attorney(s) appearing for the Case

Shannon Z. Taylor argued the cause for appellants (D'Alessandro, Sussman, Jacovino & Dowd, attorneys; Paul J. Hirsh, on the brief).

Paulette M. Sapp, Deputy Attorney General, argued the cause for respondents (John J. Degnan, Attorney General, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

Before Judges ALLCORN, KOLE and PRESSLER.

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

The present action was commenced by plaintiffs seeking damages for an asserted physical assault and rape committed against plaintiff Jane Doe while she and her alleged assailant were residents of Ewing Residential Center, a DYFS facility. The cause of action sounds in negligence, asserting that plaintiff's injuries resulted from the failure of defendants adequately to supervise the residents of the facility...

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