HEFFELFINGER v. TOWN OF MORRISTOWN


209 N.J. Super. 380 (1985)

507 A.2d 761

PATRICIA D. HEFFELFINGER AND EUGENE M. HEFFELFINGER, PLAINTIFFS, v. TOWN OF MORRISTOWN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY, A BODY CORPORATE OF THE STATE OF NEW JERSEY, EDWARD L. VOGT, ALFRED J. MACKIN, RALPH B. WELSH, DUDLEY F. PARKER, WILLIS H. DUTTON, JR., A. NESBITT PHILLIPS, HENRY M. HOYT, WILLIAM D. BRUEN, DONALD A. DELPHO, ROBERT S. ROCHELLE, GLENN K. COUTTS AND JAMES C. PITNEY, BEING THE SURVIVING TRUSTEES OF MORRISTOWN GREEN; RAYMOND B. DECHIARA, SEYMOUR EPSTEIN, JOHN STEVENS, PASQUALE (PAT) DECHIARA, THEODORE (TED) DENMAN, J. ALBERT WUNDER, WILLIAM PIERSON, ANN MACKINNIS, B. SANDELLI (FIRST NAME UNKNOWN, INDIVIDUALLY AND T/A B. SANDELLI CONTRACTING), BEING THE 1981 CHRISTMAS ON THE GREEN COMMITTEE; CHAMBER OF COMMERCE OF MORRIS COUNTY; AND JOHN DOE, RUTH ROE, ABC CORPORATION AND XYZ COMMITTEE (FICTITIOUS NAMES REPRESENTING ONE OR MORE PERSONS OR LEGAL ENTITIES HAVING AN OWNERSHIP INTEREST IN THE MORRISTOWN GREEN AND/OR BEING RESPONSIBLE FOR THE MAINTENANCE AND/OR DECORATION THEREOF), DEFENDANTS.

Superior Court of New Jersey, Law Division Morris County.

May 24, 1985.


Attorney(s) appearing for the Case

George J. Benson, for plaintiffs.

Tari R. Van Winkle for defendants The Trustees of the Morristown Green (O'Donnell, McCord, Leslie & O'Toole, attorneys).


MacKENZIE, J.S.C.

This is a negligence action arising out of an incident which occurred on November 25, 1981. Plaintiff Patricia Heffelfinger (hereafter "Mrs. Heffelfinger") allegedly fell and sustained bodily injury on the Morristown Green1 while visiting the 1981 "Christmas on the Green" display with her daughter. Her husband sues per quod. Among those from whom they seek money...

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