STANLEY EX REL. STANLEY v. STATE INDUSTRIES


267 N.J. Super. 167 (1993)

630 A.2d 1188

LORETTA STANLEY, AN INFANT BY HER GUARDIAN AD LITEM, HERBERT STANLEY, INDIVIDUALLY, PLAINTIFFS, v. STATE INDUSTRIES, INC., STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES, DOLORES HILLS, JOHN DOE, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided April 30, 1993.


Attorney(s) appearing for the Case

Kenneth A. Berkowitz, attorney for plaintiffs (Blume, Vazquez, Goldfaden, Berkowitz & Donnelly, P.C., attorneys).

Paul R. Kenny, Deputy Attorney General, for defendant State of New Jersey, Division of Youth and Family Services (Robert J. Del Tufo, Attorney General, attorney).

Gary Koenigsberg, for defendant Leroy Winbash (Zucker, Facher and Zucker, attorneys).

Elizabeth A. Brewster, for defendants State Industries and Essex Plumbing Inc. (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).


FUENTES, J.S.C.

Plaintiff Loretta Stanley, an infant, was severely scalded while bathing on January 17, 1989. She filed this personal injury action against her foster mother, Dolores Hills, alleging negligence, and against the Division of Youth and Family Services (DYFS), under a theory of vicarious liability. DYFS filed a motion for summary judgment seeking dismissal of the complaint. It is my conclusion that the Division of Youth and Family Services cannot be held...

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