STEVEN CIVALIER, A MINOR BY HIS GUARDIAN AD LITEM, JOHN R. CIVALIER, JOHN R. CIVALIER, INDIVIDUALLY AND MARIO DIANORA, EXECUTOR OF THE ESTATE OF GENEVIEVE DIANORA AND/OR MARIO DIANORA, ADMINISTRATOR AD PROSEQUENDUM AND GENERAL ADMINISTRATOR OF THE ESTATE OF BARBARA CIVALIER, PLAINTIFFS-APPELLANTS,
v.
THE ESTATE OF MARGARET J. TRANCUCCI, DOMINICK R. TRANCUCCI, WAWA, INC., AND J. HEWITT & SONS, DEFENDANTS-APPELLANTS, AND TOWNSHIP OF WASHINGTON, WASHINGTON TOWNSHIP POLICE DEPARTMENT, COUNTY OF GLOUCESTER, DEFENDANTS-RESPONDENTS.
ANTHONY F. PREVITE, GLOUCESTER COUNTY HIGHWAY DEPARTMENT, AND/OR THE STATE OF NEW JERSEY JOINTLY, SEVERALLY, AND/OR IN THE ALTERNATIVE, DEFENDANTS.
CARLO P. TRANCUCCI, AS GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF MARGARET J. TRANCUCCI; AND CARLO P. TRANCUCCI, INDIVIDUALLY, PLAINTIFFS-APPELLANTS,
v.
WASHINGTON TOWNSHIP, N.J.; WASHINGTON TOWNSHIP POLICE DEPARTMENT; GLOUCESTER COUNTY, N.J., DEFENDANTS-RESPONDENTS, AND WAWA, INC., AND J. HEWITT & SONS, DEFENDANTS-APPELLANTS, AND ANTHONY F. PREVITE; JESSE HEWITT, ABC COMPANY, A FICTITIOUS BUSINESS ENTITY WHOSE IDENTITY IS CURRENTLY UNKNOWN; XYZ COMPANY, A FICTITIOUS BUSINESS ENTITY WHOSE IDENTITY IS CURRENTLY UNKNOWN; AND JOHN DOE 1 THROUGH 10, FICTITIOUS PERSONS WHOSE IDENTITIES ARE CURRENTLY UNKNOWN, DEFENDANTS.
ANTHONY F. PREVITE AND FLORENCE A. PREVITE, HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS,
v.
THE ESTATE OF MARGARET J. TRANCUCCI, DOMINICK R. TRANCUCCI, WAWA, INC., J. HEWITT & SONS, WASHINGTON TOWNSHIP POLICE DEPARTMENT, DEFENDANTS-APPELLANTS, AND COUNTY OF GLOUCESTER AND TOWNSHIP OF WASHINGTON, DEFENDANTS-RESPONDENTS, AND STATE OF NEW JERSEY, DEFENDANT.
INTERESTED UNDERWRITERS AT LLOYDS AS ASSIGNEES OF ANTHONY F. PREVITE, PLAINTIFF,
v.
DOMINICK TRANCUCCI AND DOMINICK TRANCUCCI, AS ADMINISTRATOR OF THE ESTATE OF MARGARET TRANCUCCI, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS,
v.
WAWA, INC., MILLVILLE MANUFACTURING CO., T/A WAWA, J. HEWITT & SONS, THIRD-PARTY DEFENDANTS-APPELLANTS, AND COUNTY OF GLOUCESTER, WASHINGTON TOWNSHIP, WASHINGTON TOWNSHIP POLICE DEPARTMENT, THIRD-PARTY DEFENDANTS-RESPONDENTS, AND JOHN DOES (1100), FICTITIOUS NAMES, THIRD-PARTY DEFENDANTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued May 2, 1994.
Decided October 20, 1994.
Attorney(s) appearing for the Case
Richard S. Ranieri argued the cause for appellant Wawa, Inc. (Callahan, Delany & O'Brien, attorneys; Glenn P. Callahan, of counsel).
John L. Slimm argued the cause for respondent Washington Township Police Department (Slimm & Goldberg, attorneys; Peter S. Cuddihy, on the brief).
Talbot B. Kramer argued the cause for respondent Township of Washington (Bernadette A. Duncan, attorney).
Lawrence Berg argued the cause for respondent County of Gloucester (Marshall, Dennehey, Warner, Coleman and Goggin, attorneys).
Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Jr., Assistant Attorney General, of counsel).
Barry J. Hockfield, for appellants Steven Civalier, a minor by his guardian ad litem, John R. Civalier; John R. Civalier, Individually; and Mario Dianora, Executor of the Estate of Genevieve Dianora and/or Mario Dianora, Administrator ad prosequendum and General Administrator of the Estate of Barbara Civalier, was granted leave to rely on the briefs and argument on behalf of appellant Wawa, Inc. (Hockfield, Hasner, Weiss & Rosenberg, attorneys).
Vincent P. Sarubbi, for appellants Anthony F. Previte and Florence A. Previte, husband and wife, was granted leave to rely on the briefs and argument on behalf of appellant Wawa, Inc. (Sarubbi & Sarubbi, attorneys).
Charles R. Cohen, for appellant Carlo P. Trancucci, as General Administrator and Administrator Ad Prosequendum of the Estate of Margaret J. Trancucci; and Carlo P. Trancucci, Individually, was granted leave to rely on the briefs and argument on behalf of appellant Wawa, Inc. (Pearl, Levy & Cohen, attorneys).
Burchard S. Martin, for appellant Estate of Margaret Trancucci, was granted leave to rely on the briefs and argument on behalf of appellant Wawa, Inc. (Martin, Gunn & Martin, attorneys).
Michael K. Tuzzio, for appellant J. Hewitt & Sons, was granted leave to rely on the briefs and argument on behalf of appellant Wawa, Inc. (Donington, Karcher, Salmond, Ronan & Rainone, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by O'HERN, J.
At issue in this case is the liability of public-entity defendants, Gloucester County, Washington Township, and the Washington Township Police Department, for an automobile accident allegedly caused by a missing traffic sign. Three people lost their lives in the accident.
I
Because the case arises on summary judgment, all inferences of fact must be drawn in favor of those parties opposing the motion...
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