FUREY v. COUNTY OF OCEAN


273 N.J. Super. 300 (1994)

641 A.2d 1091

KERRY A. FUREY, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF EUGENE T. FUREY, DECEASED, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. COUNTY OF OCEAN AND THOMAS APPLEGATE, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1994.


Attorney(s) appearing for the Case

Stephen J. DeFeo argued the cause for appellant/cross-respondent (Brown & Connery; Mr. DeFeo, on the brief).

Peter J. Van Dyke argued the cause for respondents/cross-appellants (Kelaher, Garvey, Ballou & Van Dyke; Mr. Van Dyke, on the brief).

Before Judges SHEBELL, LONG and LANDAU


The opinion of the court was delivered by SHEBELL, P.J.A.D.

This is a wrongful death action brought under the Tort Claims Act (N.J.S.A. Title 59). The direct appeal involves an issue of first impression, i.e., whether N.J.S.A. 59:9-2e remains viable following the enactment of N.J.S.A. 2A:15-97.

While responding to an emergency call on November 20, 1988, Eugene Furey, a volunteer fireman, was killed when he lost control of the 1987...

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