MATTER OF THOMAS


278 N.J. Super. 580 (1995)

651 A.2d 1063

IN THE MATTER OF RAYMOND AND THERESA THOMAS, CLAIMANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1995.


Attorney(s) appearing for the Case

George J. Tyler argued the cause for appellants (Giordano, Halleran & Ciesla, attorneys; Paul H. Schneider, of counsel; Gregg M. Hobbie, on the brief).

Jeffrey W. Gerber argued the cause for respondents William and Alice Busch (Bressler, Amery & Ross, attorneys; David W. Reger and Lori A. Connors, on the brief).

Eileen P. Kelly, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of Environmental Claims Administration, New Jersey Spill Compensation Fund (Deborah T. Poritz, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; John M. Stanton, Deputy Attorney General, on the brief).

Before Judges KING, D'ANNUNZIO and EICHEN.


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

The issue is whether appellants, claimants under the Spill Compensation and Control Act (the Act), N.J.S.A. 58:10-23.11 to.11z, are entitled to counsel fees as an element of "all direct and indirect damages" for which the fund is liable. N.J.S.A. 58:10-23.11g.a.

Prior to August 15, 1986, home heating oil leaked from a tank in the basement of a single-family home then owned by William...

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