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PRAET v. BOROUGH OF SAYREVILLE

218 N.J. Super. 218 (1987)

527 A.2d 486

CLAIRE PRAET, EXECUTRIX OF THE ESTATE OF ROBERT PRAET, DECEASED, AND CLAIRE PRAET, INDIVIDUALLY, PLAINTIFF-APPELLANT, v. BOROUGH OF SAYREVILLE, SAYREVILLE POLICE DEPARTMENT, R. BEBERT, IN HIS CAPACITY AS A PATROLMAN OF THE SAYREVILLE POLICE DEPARTMENT, C. SIEMINSKI, IN HIS CAPACITY AS A PATROLMAN OF THE SAYREVILLE POLICE DEPARTMENT, RAY SZKODNY, IN HIS CAPACITY AS A PATROLMAN OF THE SAYREVILLE POLICE DEPARTMENT, A. COX, IN HIS CAPACITY AS A PATROLMAN OF THE SAYREVILLE POLICE DEPARTMENT, DOUG SPRAGUE, IN HIS CAPACITY AS A PATROLMAN OF THE SAYREVILLE POLICE DEPARTMENT, JEFFREY SPRAGUE, IN HIS CAPACITY AS A PATROLMAN OF THE SAYREVILLE POLICE DEPARTMENT, AND RAYMOND SUCHCICKI, IN HIS CAPACITY AS A PATROLMAN OF THE SAYREVILLE POLICE DEPARTMENT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1987.

Attorney(s) appearing for the Case

Howard M. Nirenberg argued the cause for appellant (Weiner, Ostrager, Fieldman & Zucker, attorneys; Richard J. Weiner, of counsel; Howard Nirenberg and Sandra N. Varano, on the brief).

Robert John Aste argued the cause for respondents (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Elliott Abrutyn, of counsel and on the brief; Robert Aste also on the brief).

Before Judges PRESSLER, BAIME and ASHBEY.

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

Plaintiff Claire Praet, individually and as executrix of the estate of her husband Robert Praet, brought this action to recover damages resulting from his death, which she claimed to have been caused by the negligence of defendants, a group of Sayreville police officers, who responded to the scene of his one-car accident. She appeals from the entry of summary judgment dismissing her complaint. We reverse...

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