WYLIE v. MILLS


195 N.J. Super. 332 (1984)

478 A.2d 1273

GEORGE N. WYLIE AND JOAN WYLIE, PLAINTIFFS, v. DENNIS R. MILLS; DORIS M. FIORITO; CITY OF ELIZABETH; STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION; NEW JERSEY TURNPIKE AUTHORITY; PORT AUTHORITY OF NEW YORK AND NEW JERSEY; DAIDONE ELECTRIC, INC.; HESS BROTHERS, INC.; CHARLES SUKENEK, HOWARD NEEDLES, TAMMEN & BERGENDOFF AND TRAFFIC LINES, INC., DEFENDANTS, AND DORIS M. FIORITO AND DENNIS R. MILLS, THIRD PARTY PLAINTIFFS, v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY, THIRD PARTY DEFENDANT. DENNIS R. MILLS, PLAINTIFF, v. GEORGE N. WYLIE, PUBLIC SERVICE ELECTRIC AND GAS COMPANY, AND CITY OF ELIZABETH, DEFENDANTS. DORIS M. FIORITO, INDIVIDUALLY, DORIS M. FIORITO, AS PARENT AND NATURAL GUARDIAN OF PETER FIORITO, III, A MINOR, BERNICE T. FIORITO, INDIVIDUALLY; AND BERNICE T. FIORITO, AS PARENT AND NATURAL GUARDIAN OF FRANK FIORITO, III, A MINOR, PLAINTIFFS, v. GEORGE N. WYLIE; PUBLIC SERVICE ELECTRIC AND GAS COMPANY, A PUBLIC UTILITY CORPORATION OF NEW JERSEY AND DENNIS R. MILLS; CITY OF ELIZABETH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided April 19, 1984.


Attorney(s) appearing for the Case

William J. Salmond, for defendant City of Elizabeth (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

X. Paul Humbert, for defendant and third party defendant Public Service Electric and Gas Company (William S. Smith, General Claims Attorney).

Raymond A. Gill, Jr., for plaintiffs George N. Wylie and Joan Wylie (Dato, Kracht & Gill, attorneys).

Frank Cofone, Jr., for defendants Dennis R. Mills and Doris M. Fiorito (A. Herbert D'Amico, attorney).

Anne M. Zaun, for defendant State of New Jersey, Department of Transportation (Irwin J. Kimmelman, Attorney General, attorney).

Stanley R. Bright, for defendant for New Jersey Turnpike Authority (Bright & Zirulnik, attorneys).

Michael D. Driscoll, for defendant Port Authority of New York and New Jersey (Hugh H. Welsh, attorney).

Michael F. O'Neill, for defendant Daidone Electric, Inc. (Purcell, Ries, Shannon & Mulcahy, attorneys).

Jeffrey W. Moryan, for defendant Hess Brothers, Inc. (Connell, Foley & Geiser, attorneys).

Hugh Porter, for defendant Traffic Lines, Inc. (Enright, Porter, Lenney & McGrath, attorneys).

John Feniak, for plaintiff Dennis R. Mills.

Matthew T. Rinaldo, for plaintiffs Doris M. Fiorito and Bernice T. Fiorito (Rinaldo & Rinaldo attorneys).

Louis A. Ruprecht, for defendant Dennis R. Mills (McDermott, McGee & Ruprecht, attorneys).


LECHNER, J.S.C.

These consolidated cases present for consideration the issue of an asserted qualified privilege for a corporate internal evaluative report. The basic issue is whether self-evaluation of corporate actions should be encouraged and protected from discovery in litigated matters, as a matter of public policy. The issue is novel in this jurisdiction in that it has not been the subject of a reported decision...

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