STONE v. KEYPORT BORO. POLICE DEP'T


191 N.J. Super. 554 (1983)

468 A.2d 442

STANLEY STONE AND FRANCES STONE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. POLICE DEPARTMENT OF THE BOROUGH OF KEYPORT; MAYOR AND COUNCIL OF THE BOROUGH OF KEYPORT, A BODY POLITIC OF THE STATE OF NEW JERSEY, IN THE COUNTY OF MONMOUTH; WILLIAM GEIGER, CHIEF OF POLICE OF THE BOROUGH OF KEYPORT; AND PATROLMAN JOHN GEORGE DAYBACK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1983.


Attorney(s) appearing for the Case

Rowand H. Clark, for appellants (Sachar, Bernstein, Rothberg & Sikora, attorneys).

Richard A. Amdur, for respondents.

Before Judges BISCHOFF, PETRELLA and BRODY.


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

Stanley Stone (plaintiff) and his wife brought this tort action to recover damages for injuries he received when shot by Keyport Police Officer John Dayback (defendant). It was agreed at trial that despite the caption of the case, the Borough of Keyport and its Chief of Police William Geiger would be considered the only other defendants. The trial judge submitted to the jury the issues of negligence

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