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C.P. v. PISCATAWAY TP. BD. OF EDUC.

293 N.J. Super. 421 (1996)

681 A.2d 105

C.P., AN INFANT, BY HER GUARDIAN AD LITEM, J.P., INDIVIDUALLY, AND E.P., INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF PISCATAWAY BOARD OF EDUCATION, DEFENDANT-RESPONDENT, AND JOSEPH CARABILLO, GRANT AVENUE COMMUNITY CENTER, INC., AMERICAN RED CROSS, JOHN DOES 1-20, DEFENDANTS. C.P., AN INFANT, BY HER GUARDIAN AD LITEM, J.P., INDIVIDUALLY, AND E.P., INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. JOSEPH CARABILLO, DEFENDANT-APPELLANT, AND TOWNSHIP OF PISCATAWAY BOARD OF EDUCATION, GRANT AVENUE COMMUNITY CENTER, INC., AMERICAN RED CROSS, JOHN DOES 1-20, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 15, 1996.

Attorney(s) appearing for the Case

Donald J. Sears argued the cause for appellants C.P., J.P. and E.P. in A-6437-93T2 (Busch and Busch, attorneys for appellants in A-6437-93T2 and respondents in A-569-94T2; Mr. Sears, of counsel and on the briefs).

John G. Tinker, Jr., argued the cause for respondent Township of Piscataway, Board of Education (on the state tort claims) in A-6437-93T2 (Leary, Bride, Tinker & Moran, attorneys; Mr. Tinker on the brief).

David B. Rubin argued the cause for respondent Township of Piscataway, Board of Education (on the federal civil rights claims) in A-6437-93T2.

Michael B. Blacker, attorney for appellant Joseph Carabillo in A-569-94T2.

No other parties participated in the appeal.

Before Judges DREIER, ARNOLD M. STEIN and CUFF.

CUFF, J.A.D.

C.P. was sexually molested in a swimming pool by a volunteer instructor in a school board sponsored swimming program. Through her guardian ad litem, she appeals the dismissal of her Tort Claims Act claims and her federal civil rights claims against the school board. In a separate appeal, we must decide whether C.P. can execute on an Individual Retirement Account (IRA) held by the volunteer instructor in her effort to collect the default judgment...

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