FIELDER v. STONACK


141 N.J. 101 (1995)

661 A.2d 231

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

The Supreme Court of New Jersey.

Decided July 6, 1995.


Attorney(s) appearing for the Case

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

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

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

Boris Moczula, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney).


The opinion of the Court was delivered by WILENTZ, C.J.

In Tice v. Cramer, 133 N.J. 347, 627 A.2d 1090 (1993), we decided that the Tort Claims Act provides immunity to police officers whose negligence in pursuing a fleeing automobile causes it to injure third parties. We based our conclusion on the history of the Act, its New Jersey common-law antecedents, its California precedents, and the legislative...

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