WALKO v. KEAN COLLEGE OF NEW JERSEY


235 N.J. Super. 139 (1988)

561 A.2d 680

ANN WALKO AND MICHAEL WALKO, PLAINTIFFS, v. KEAN COLLEGE OF NEW JERSEY, STUDENT ORGANIZATION OF KEAN COLLEGE OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, COUNCIL FOR PART-TIME STUDENTS, A CORPORATION OF THE STATE OF NEW JERSEY, NANETTE STREHL, HEIDI ERRINGTON, LORI RAPUANO, MINA BOTASH, STEVE DOWLING, DAN KACHOOGIAN, GARY BLACK, TOM O'DONNELL, AND PATRICK IPPOLITO, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided July 8, 1988.


Attorney(s) appearing for the Case

Carol Lonergan Perez, (Palumbo & Renaud), Attorney for Plaintiffs.

Emerald Erickson, Deputy Attorney General, Attorney for Defendants Kean College of New Jersey and Patrick Ippolito.

John S. Fitzpatrick, Attorney for Defendant Student Organization of Kean College and Tom O'Donnell (Haggerty & Donohue).

Michael J. Lunga, Attorney for Defendant Student Organization of Kean College and Tom O'Donnell (punitive damages only) (Salerno & Lunga).

Kathleen Burns, (Sills, Beck, Cummis, Zuckerman, Radin, Tischman & Epstein), Attorney for Defendant Council for Part-Time Students, Inc. (punitive damages only).

Robert W. McAndrew, Attorney for Defendant Council for Part-Time Students, Inc. (punitive damages only)

Michael T. Cooney, (Hueston, Hueston & Sheehan), Attorney for Defendant Gary Black.

William T. Marsden, (Jeffer, Hartman, Hopkinson, Vogel, Coomber & Peiffer), Attorney for Defendant Gary Black.

David E. Rehe, (Haskins, Hack, Piro, O'Day, Merklinger & Wallace), Attorney for Defendant Dan Kachoogian.

Marian B. Copeland, (Stevens & Gomperts), Attorney for Defendant Lori Rapuano.

David Scott Mack, (McGimpsey & Cafferty), Attorney for Defendant Nanette Strehl.

Janice L. Birnbaum, (Stryker, Tams & Dill), Attorney for Defendant Heidi Errington.

Harry B. Kotler, Attorney for Defendant Steve Dowling.

Mina Botas, Pro Se.


WECKER, J.S.C.

INTRODUCTION

Plaintiff's Complaint centers around a publication of the Kean College student newspaper, the Independent. More specifically, the claims arise out of a "spoof" edition, entitled the Incredible, which was published as pages seven to thirteen of the April 25, 1985 newspaper. The thirteenth page is composed entirely of phony "ads" including the one at issue:

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