BATTISTA v. OLSON


213 N.J. Super. 137 (1986)

KATHERINE BATTISTA, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF WILLIAM NICHOLAS BATTISTA, III, DECEASED AND KATHERINE BATTISTA, INDIVIDUALLY, PLAINTIFF-RESPONDENT, v. PAUL OLSON, DEFENDANT-APPELLANT AND BOROUGH OF LEONIA, CARNEY CROSS, AND TODD CIESLAK, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1986.


Attorney(s) appearing for the Case

Colleen M. Ready argued the cause for appellant (Lieb, Berlin & Kaplan, attorneys; Donald L. Berlin, of counsel; Colleen M. Ready and Donald L. Berlin, on the brief).

Lawrence Weintraub argued the cause for respondent (Weintraub, Abramson & Powers, attorneys; Lawrence Weintraub, of counsel and on the brief).

Before Judges MICHELS, SKILLMAN and LANDAU.


The opinion of the Court was delivered by MICHELS, P.J.A.D.

Defendant Paul Olson appeals from a portion of a final judgment of the Law Division that awarded plaintiff Katherine Battista, individually, and as Administratrix ad Prosequendum of the Estate of William Battista, III, deceased, compensatory damages in the sum of $30,000.

Plaintiff instituted this wrongful death action under N.J.S.A. 2A:31-1 et seq. seeking: (1) compensatory damages...

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