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PHILLIPS v. CURIALE

128 N.J. 608 (1992)

608 A.2d 895

ANGELICA PHILLIPS, AS ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF WALTER PHILLIPS, DECEDENT, PLAINTIFF-APPELLANT, v. MARK CURIALE AND CHARLES WATSON, DEFENDANTS-RESPONDENTS, AND FMC CORPORATION, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 13, 1992.

Attorney(s) appearing for the Case

Joseph Albanese argued the cause for appellant (Joseph Albanese and Fontanella and Benevento, attorneys).

Benjamin Clarke, Senior Deputy Attorney General, argued the cause for respondents (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; William W. Hart, Jr., Deputy Attorney General, on the brief).

The opinion of the Court was delivered by O'HERN, J.

In Phillips v. State, 98 N.J. 235, 486 A.2d 318 (1985) (Phillips I), we held that a member of the New Jersey National Guard injured in the line of duty could sue fellow guard members for those injuries if attributable to the fellow guard members' negligence, unless the defendants were complying with a lawful order. Id. at 250...

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