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HART v. FOX

204 N.J. Super. 564 (1985)

499 A.2d 553

ANGELINA HART, AN INFANT BY HER PARENT AND GUARDIAN AD LITEM, PEARL HART, AND PEARL HART INDIVIDUALLY, PLAINTIFFS, v. ANNE T. FOX, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided July 12, 1985.

Attorney(s) appearing for the Case

Richard A. Greifinger for plaintiffs (Greenstone, Greenstone & Greifinger, attorneys).

John Voynick, Jr. for defendant (Carpenter, Bennett & Morrissey, attorneys).

Nicholas T. Grosch, Assistant County Counsel, for Essex County Division of Welfare (David H. Ben-Asher, Essex County Counsel, attorney).

VILLANUEVA, J.S.C.

The issues involved are (1) whether the recent amendment to N.J.S.A. 44:10-4(a) excludes from reimbursement to the county welfare agency all compensatory damages awarded for a minor's personal injury and (2) if such awards are now exempt from reimbursement, should the statute be applied retroactively.

The court holds that the new statute prohibits welfare agencies from recouping welfare payments made to minors from tort claim proceeds...

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