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BERENDS EX REL. BERENDS v. CITY OF ATLANTIC CITY

263 N.J. Super. 66 (1993)

621 A.2d 972

THOMAS BERENDS, EXECUTOR OF THE ESTATE OF MARY GORRERA BERENDS; TIMOTHY BERENDS, AN INFANT BY HIS GUARDIAN AD LITEM, THOMAS BERENDS; AND THOMAS BERENDS, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CITY OF ATLANTIC CITY; PAN AM WORLD AIRWAYS, INC.; INTERNATIONAL TECHNICAL AVIATION PERSONNEL, INC.; ROBERT C. BENTLEY; ARNOLD W. EBBERUP; EDWIN SAFER; XYZ COMPANIES AND JOHN DOES (IDENTITIES UNKNOWN), DEFENDANTS-RESPONDENTS. WILLIAM EAVERS; CHARLOTTE BOLANDER, AS EXECUTOR OF THE ESTATE OF RAYMOND BOLANDER; NOEL BOLANDER, AN INFANT, BY HIS GUARDIAN AD LITEM, CHARLOTTE BOLANDER AND MICHELE BOLANDER, AN INFANT BY HER GUARDIAN AD LITEM, CHARLOTTE BOLANDER; AND CHARLOTTE BOLANDER, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CITY OF ATLANTIC CITY; AND THEIR JOHN DOES, EMPLOYEES, AGENTS, SERVANTS AND CONTRACTORS 1 THROUGH 100; PAN AM WORLD AIRWAYS, INC., AND THEIR JOHN DOES, EMPLOYEES, AGENTS, SERVANTS AND CONTRACTORS; INTERNATIONAL AVIATION PERSONNEL, INC. AND THEIR JOHN DOES, EMPLOYEES, AGENTS, SERVANTS AND CONTRACTORS; ROBERT C. BENTLEY; ARNOLD W. EBBERUP; EDWIN SAFER; XYZ COMPANIES 1 THROUGH 25 AND RICHARD DOES 1 THROUGH 100 (IDENTITIES UNKNOWN), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1993.

Attorney(s) appearing for the Case

Harrison J. Gordon argued the cause for appellants William Eavers and Charlotte Bolander, et. al. (Gordon & Gordon, attorneys).

Alan Roth argued the cause for appellant Thomas Berends (Bendit, Weinstock & Sharbaugh, attorneys).

Charles J. Daly argued the cause for respondents Pan Am World Airways, Inc., International Technical Aviation Personnel, Inc., Robert C. Bentley, Arnold W. Ebberup and Edwin Safer (McKissock & Hoffman, attorneys).

Maurice Y. Cole, Jr., argued the cause for respondent City of Atlantic City (Cole & Cole, attorneys).

Before Judges LONG, D'ANNUNZIO and KEEFE.

The opinion of the court was delivered by D'ANNUNZIO, J.A.D.

In these consolidated death and personal injury actions, plaintiffs appeal from summary judgments in favor of all defendants.

On August 27, 1986, a small aircraft crashed killing the pilot, Raymond Bolander, and a passenger, Mary Berends, and seriously injuring William Eavers, another passenger. The pilot was attempting to land the aircraft at Bader Field in Atlantic City, New Jersey, on runway 11...

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