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BALL v. NEW JERSEY BELL TELEPHONE CO.

207 N.J. Super. 100 (1986)

504 A.2d 29

GEORGE E. BALL, ADMINISTRATOR, AND ADMINISTRATOR AD PROSEQUENDUM OF ESTATE OF MARK BALL, PLAINTIFF-APPELLANT, v. NEW JERSEY BELL TELEPHONE COMPANY, TOWNSHIP OF BERKELEY, COUNTY OF OCEAN AND STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DEFENDANTS-RESPONDENTS, AND REID CONSTRUCTION COMPANY AND A.B.C. CORPORATION (A FICTITIOUS NAME, ACTUAL NAME BEING UNKNOWN), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1986.

Attorney(s) appearing for the Case

Noel S. Tonneman argued the cause for appellant (Auerbach, Rudnick, Waldman, Ford, Addonizio & Pappa, attorneys; Martin M. Rudnick, of counsel; Noel S. Tonneman, on the brief).

George N. Arvanitis argued the cause for respondent New Jersey Bell Telephone Company (Carton, Nary, Witt & Arvanitis, attorneys; George N. Arvanitis, of counsel; Jamie S. Perri, on the brief).

Mark M. Cieslewicz argued the cause for respondent Township of Berkeley (Bernadette A. Duncan, attorney; Mark M. Cieslewicz, on the brief).

Peter J. Van Dyke argued the cause for defendant County of Ocean (Gelzer, Kelaher, Shea & Novy, attorneys; Thomas F. Kelaher, of counsel; Peter J. Van Dyke, on the brief).

Madeline W. Mansier, Deputy Attorney General, argued the cause for defendant State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Deputy Attorney General, of counsel; Madeline Mansier, on the brief).

Before Judges BRODY, GAYNOR and BAIME.

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

Plaintiff, as general administrator and administrator ad prosequendum, instituted this action to recover damages arising out of the death of his son in a tragic automobile accident. Named as defendants were the State of New Jersey, Berkeley Township, Ocean County and New Jersey Bell Telephone Co. (Bell). In his complaint, plaintiff alleged that the decedent was killed when his automobile struck a telephone...

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