FAGAN v. CITY OF VINELAND

Nos. 92-5481, 92-5482, 92-5551 and 92-5594.

22 F.3d 1296 (1994)

Sarah E. FAGAN, General Administratrix and Administratrix Ad Prosequendum of the Estate of Michael J. Fagan, Deceased v. The CITY OF VINELAND, a Municipal Corporation of the State of New Jersey; Joseph Cassisi, Jr., Chief of Police of the City of Vineland; Police Officers David Tesoroni; Peter F. Coccaro, III; Benny Velez; Phillip C. Bocceli; Richard Putnam; David Cardana; Mario R. Brunetta, Jr.; John Does, (fictitious names) representing other police officers of the City of Vineland Police Department; Town Liquors, a/d/b/a VTL, Inc.; Marquez Amnon Corporation, a/d/b/a East Landis Hotel and Motel; John Doe, (fictitious name) agent, servant or employee selling liquors for Marquez Amnon Corporation, a/d/b/a East Landis Hotel and Motel; Jeffrey T. Pindale; and Mary Ellen Duke, Administratrix of the Estate of Christopher M. Duke, Deceased, jointly, severally and in the alternative. Wanda PINDALE v. TOWN LIQUORS, a/d/b/a VTL, Inc.; John Doe I, (fictitious name) agent, servant or employee selling liquors for Town Liquors, a/d/b/a VTL, Inc.; Marquez Amnon Corporation a/d/b/a East Landis Hotel and Motel; John Doe II, (fictitious name) agent, servant or employee selling liquors for Marquez Amnon Corporation, a/d/b/a East Landis Hotel and Motel; The City of Vineland, a Municipal Corporation of the State of New Jersey; Joseph Cassisi, Jr., Chief of Police of the City of Vineland; David Tesoroni; John Doe III; and John Doe IV, (fictitious names) representing other police officers of the City of Vineland Police Department; and Jeffrey T. Pindale, jointly, severally and in the alternative v. Mary Ellen DUKE, Administratrix of the Estate of Christopher M. Duke, Third Party Defendant. Maurice G. DAVIS, Jr. v. VTL, INC. a/d/b/a Town Liquors; John Doe I, (fictitious name) agent, servant or employee selling liquors for VTL, Inc., a/d/b/a Town Liquors; Marquez Amnon Corporation a/d/b/a East Landis Hotel and Motel; John Doe II, (fictitious name) agent, servant or employee selling liquors for Marquez Amnon Corporation a/d/b/a East Landis Hotel and Motel; The City of Vineland, a Municipal Corporation of the State of New Jersey; Joseph Cassisi, Jr., Chief of Police of the City of Vineland; David Tesoroni; John Doe III, and John Doe IV, (fictitious names) representing other police officers of the City of Vineland Police Department; and Jeffrey T. Pindale, jointly, severally and in the alternative and Jeffrey T. PINDALE, Third Party Plaintiff, v. Mary Ellen DUKE, Administratrix of the Estate of Christopher M. Duke. Albino GENETTI, Administrator Ad Prosequendum of the Estate of Albert Stavoli, Deceased v. VTL, INC. a/d/b/a Town Liquors; John Doe I, (fictitious name) agent, servant or employee selling liquors for VTL, Inc. a/d/b/a Town Liquors; Marquez Amnon Corporation a/d/b/a East Landis Hotel and Motel; John Doe II, (fictitious name) agent, service or employee selling liquors for Marquez Amnon Corporation a/d/b/a East Landis Hotel and Motel; The City of Vineland, a Municipal Corporation of the State of New Jersey; Joseph Cassisi, Jr., Chief of Police of the City of Vineland; David Tesoroni; John Doe III, and John Doe IV, (fictitious names) representing other police officers of the City of Vineland Police Department; and Jeffrey T. Pindale, jointly, severally and in the alternative v. Mary Ellen DUKE, Administratrix of the Estate of Christopher M. Duke, Third Party Defendant. Mary Ellen DUKE, Administratrix and Administratrix Ad Prosequendum of the Estate of Christopher M. Duke, Deceased v. Jeffrey T. PINDALE, presently incarcerated at the Trenton State Prison; Town Liquors a/d/b/a VTL, Inc.; Marquez Amnon Corporation a/d/b/a East Landis Hotel and Motel; John and Jane Does, fictitious names, for unknown entities and persons believed to have sold, served, or otherwise provided liquors to Jeffrey T. Pindale, the City of Vineland, a Municipal Corporation of the State of New Jersey, County of Cumberland, New Jersey; John and Jane Does, fictitious names, for unknown governmental entities and for unknown individuals believed to be police officers of said government entities involved in an unlawful high speed automobile pursuit; Joseph Cassisi, Sr., individually and as an agent of the Vineland Police Department; Mario R. Brunetta, Jr., individually and in his official capacity as the Captain of the City of Vineland Police Department; David Tesoroni, individually and in his official capacity as a member of the City of Vineland Police Department; Peter F. Coccaro, III, individually and in his official capacity as a member of the City of Vineland Police Department; Benny Velez, individually and in his official capacity as a member of the City of Vineland Police Department; Phillip C. Boccelli, individually and in his official capacity as a member of the City of Vineland Police Department; Richard Putnam, individually and in his official capacity as a member of the City of Vineland Police Department; John and Jane Does, fictitious names for unknown individuals believed to be other police officers of the City of Vineland Police Department involved in an unlawful high speed automobile pursuit, jointly, severally and in the alternative, Mary Ellen Duke and Sarah Fagan, Appellants No. 92-5481, Appellants No. 92-5594, Maurice G. Davis, Jr., Wanda Pindale and Albino Genetti, Appellants No. 92-5482, Appellants No. 92-5551.

United States Court of Appeals, Third Circuit.

Reargued October 19, 1993.

Decided April 29, 1994.


Attorney(s) appearing for the Case

Gerald M. Eisenstat, Harry Furman (argued), Eisenstat, Gabage, Berman & Furman, Vineland, NJ, for appellant Sarah E. Fagan.

John M. Fitzpatrick, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, PA, for appellant Mary Ellen Duke.

Arnold Robinson, Milville, NJ, for appellant Wanda Pindale.

Harold B. Shapiro, Dana D. Teague, Shapiro & Shapiro, Vineland, NJ, for appellant Maurice G. Davis, Jr.

Frank G. Basile, Basile, Testa & Testa, Vineland, NJ, for appellant Albino Genetti.

A. Michael Barker (argued), Horn, Goldberg, Gorny, Daniels, Paarz, Plackter & Weiss, Atlantic City, NJ, for appellees City of Vineland, David Tesoroni, Peter F. Coccaro, III, Benny Velez, Phillip C. Bocelli, Richard Putnam, David Cardana, David Cassisi, Sr. and Mario R. Brunetta, Jr.

Richard M. Pescatore, Perlow, Sebera & Pescatore, Bridgeton, NJ, for appellee Town Liquors a/d/b/a VTL, Inc.

Stacy L. Moore, Jr., Parker, McCary & Criscuolo, Marlton, NJ, for appellee Marquez Amnon Corp. d/b/a East Landis Hotel and Motel.

Peter W. Sachs, Sachs & Sachs, Holmdel, NJ, for appellee Estate of Christopher M. Duke.

Before: SLOVITER, Chief Judge, and BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH and LEWIS, Circuit Judges.


Reargued In Banc October 19, 1993.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Before us is the appeal of the district court's order granting summary judgment to the defendant police officers, the City of Vineland, and defendant Town Liquors in a suit brought by and on behalf of the estates of persons injured by a car driven by Jeffrey Pindale which was the subject of a police pursuit. The principal...

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