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VON BORSTEL v. CAMPAN

255 N.J. Super. 24 (1992)

604 A.2d 614

DAVID VON BORSTEL, PLAINTIFF-RESPONDENT, v. ROGER D. CAMPAN AND NEW JERSEY TRANSIT RAIL OPERATIONS, INC., DEFENDANTS-APPELLANTS, AND JOHN T. MIKLENCIC, AMTRAK COMMUTER SERVICES, CORP., NATIONAL RAILROAD PASSENGER CORP., AND STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1992.

Attorney(s) appearing for the Case

Robert J. Del Tufo, Attorney General of New Jersey, attorney for appellants (Michael R. Clancy, Assistant Attorney General of New Jersey, of counsel; Grace A. Dennigan and Peter A. Drucker, Deputy Attorneys General, on the brief).

Ira J. Zarin, attorney for respondent (Jeffrey E. Strauss, of counsel and on the letter brief).

Before Judges MICHELS, HAVEY and CONLEY.

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

We granted leave to defendants Roger D. Campan (Campan) and New Jersey Transit Rail Operations, Inc. (New Jersey Transit) to appeal from an order of the Law Division that granted plaintiff David Von Borstel a new trial as to damages only in this assault and battery action.

This action arises from an incident wherein a New Jersey Transit employee allegedly struck plaintiff in the head with a metal...

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