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SMITH v. NIEVES

197 N.J. Super. 609 (1984)

485 A.2d 1066

LENA R. SMITH, ET AL., PLAINTIFFS-APPELLANTS v. ROSENDO NIEVES, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1984.

Attorney(s) appearing for the Case

Karl A. Fenske argued the cause for appellants (Karl A. Fenske, attorney; Karl A. Fenske on the brief).

Robert M. Messina argued the cause for respondents, Town of Nutley, Department of Police, et al. (Henry S. Buchanan, attorney; Robert M. Messina on the brief).

William P. Ries argued the cause for respondents Town of Belleville, et al. (Purcell, Ries, Shannon & Mulcahy, attorneys; William P. Ries on the brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

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

Plaintiffs' decedent died May 15, 1980 after his automobile had been hit by a vehicle driven by defendant Rosendo Nieves in the Town of Nutley. At the time of the collision Nieves was being chased at speeds between 60 and 90 miles per hour by police cars of the Nutley and Belleville police departments. In this death action plaintiffs appeal from orders for summary judgment entered in favor of defendant municipalities...

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