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DEL TUFO v. TOWNSHIP OF OLD BRIDGE

278 N.J. Super. 312 (1995)

650 A.2d 1044

GERALD DEL TUFO, EXECUTOR OF THE ESTATE OF DONALD KIKEN, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF OLD BRIDGE, OLD BRIDGE TOWNSHIP POLICE DEPARTMENT, PATROLMAN THOMAS COLLOW, PATROLMAN ROBERT MAHER, WILLIAM A. VOLKERT, CHIEF OF THE OLD BRIDGE TOWNSHIP POLICE DEPARTMENT AND JERRY PALUMBO, ACTING CHIEF OF POLICE OF OLD BRIDGE TOWNSHIP POLICE DEPARTMENT AND JOHN DOES (1 THROUGH 5), DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 1995.

Attorney(s) appearing for the Case

James B. Moran argued the cause for appellants Township of Old Bridge and Old Bridge Township Police Department (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Mr. Moran, of counsel and on the brief).

Richard Galex argued the cause for respondent (Galex, Tortoreti & Tomes, attorneys; Mr. Galex, on the brief).

No other parties participated in this appeal.

Before Judges HAVEY, BROCHIN and CUFF.

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

In this wrongful death action, defendants Township of Old Bridge and Old Bridge Township Police Department1 have appealed from a $300,000 judgment entered in favor of plaintiff Gerald Del Tufo, executor of the estate of Donald Kiken. Mr. Kiken died while he was in the custody of the Old Bridge police. The immediate cause of his death was cardiac arrest caused by ingesting a massive...

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