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FIELDER v. JENKINS

274 N.J. Super. 485 (1994)

644 A.2d 666

ROBIN FIELDER, PLAINTIFF-RESPONDENT, v. FREDERICK S. JENKINS, TOWNSHIP OF NEPTUNE POLICE DEPARTMENT AND TOWNSHIP OF NEPTUNE, DEFENDANTS-APPELLANTS, AND NOELLE E. STONACK, KEVIN MCGHEE AND BENNIE T. MCGHEE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Martin J. McGreevy argued the cause for appellants (Carton, Witt, Arvanitis & Bariscillo, attorneys; Mr. McGreevy, of counsel; James D. Carton, IV and Aaron J. Rosenfeld, on the brief).

William B. Gallagher, Jr. argued the cause for respondent Robin Fielder (Klitzman & Gallagher, attorneys; Austin M. Kenny, on the letter brief).

Michael F. Carnevale, II argued the cause for respondent Noelle E. Stonack.

Lombardi and Lombardi, attorneys for respondent Kevin McGhee, did not submit a brief.

Before Judges PRESSLER, DREIER and KLEINER.

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

This appeal on leave granted requires us once again to address the tort liability of police officers who, while engaged in the vehicular pursuit of violators or suspected violators of the law, disregard the rules of the road, become involved in motor vehicle accidents, and inflict injury and loss upon innocent members of the driving public. In our first consideration of this case, Fielder v. Jenkins,...

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