WILLIAM LOPEZ, ADMINISTRATOR OF THE ESTATE OF NELSON LOPEZ, DECEASED; WILLIAM LOPEZ, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF NELSON LOPEZ; WILLIAM AND MARIA LOPEZ, INDIVIDUALLY, PLAINTIFFS-APPELLANTS,
v.
NEW JERSEY TRANSIT; NEW JERSEY TRANSIT RAIL OPERATIONS, INC.; NEW JERSEY TRANSIT POLICE; W.S. KELTON; CITY OF PATERSON; CITY OF PATERSON, HEALTH DEPARTMENT; CITY OF PATERSON, HEALTH DIVISION; CITY OF PATERSON, BOARD OF HEALTH, DEFENDANTS-RESPONDENTS, AND MORVAL SUPERMARKET; 200 BROADWAY CORP.; JOSE RODRIGUEZ; PLACIDO MARTINEZ; VAN HOUTEN ASSOC., A NEW JERSEY PARTNERSHIP; CALFAYAN ARAM; JOHN PANTAZOPOULOS, DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Submitted October 22, 1996.
Decided November 19, 1996.
Attorney(s) appearing for the Case
Mandelbaum, Salsburg, Gold, Lazaris, Discenza & Steinberg, attorneys for appellants (Barry M. Packin, of counsel; Mr. Packin and Craig W. Alexander, on the brief).
Peter Verniero, Attorney General, attorney for respondents New Jersey Transit, New Jersey Transit Rail Operations, Inc., New Jersey Transit Police and W.S. Kelton (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Bertram P. Goltz, Jr., Deputy Attorney General, on the brief).
L. John Topchik, attorney for respondent City of Paterson.
Before Judges KLEINER and COBURN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by COBURN, J.S.C. (temporarily assigned).
In this wrongful death action, plaintiffs appeal from the grant of summary judgment to the remaining defendants, New Jersey Transit (and New Jersey Transit Rail Operations, Inc.), W.S. Kelton, the engineer of the New Jersey Transit train which struck and killed the decedent, Nelson Lopez, while he stood on the railroad's tracks, and City...
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