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HOLLOWAY v. STATE

239 N.J. Super. 554 (1990)

571 A.2d 1324

CONSTANCE HOLLOWAY, PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, DEFENDANT, THIRD-PARTY PLAINTIFF-APPELLANT, v. MUSKIN CORPORATION, MUSKIN, INC., KDI SYLVAN POOLS, INC. AND PELICAN SWIM AND SKI CENTER, INC., THIRD-PARTY DEFENDANTS, FOURTH-PARTY PLAINTIFFS-RESPONDENTS, v. SK PLASTICS CORP., FOURTH-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1990.

Attorney(s) appearing for the Case

Benjamin Clarke, Deputy Attorney General, argued the cause for appellant (Peter N. Perretti, Jr., Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

William T. Connell argued the cause for respondents Muskin Corporation and Muskin, Inc. (Dwyer, Connell & Lisbona, attorneys).

Keith G. Von Glahn argued the cause for respondent KDI Sylvan Pools, Inc. (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys).

James H. Knox argued the cause for respondent Pelican Swim and Ski Center, Inc. (Gebhardt & Kiefer, attorneys).

No appearance on behalf of respondent Constance Holloway.

Before Judges MICHELS, DEIGHAN and R.S. COHEN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

Plaintiff was a prisoner at the Clinton Correctional Institution (Clinton). On July 9, 1981, she dove into an above-ground swimming pool at Clinton and suffered spinal injuries that rendered her quadriplegic. Alleging that her injuries were caused by the State's negligence, she started this action against the State alone in September 1983.

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