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J.S. v. R.T.H.

301 N.J. Super. 150 (1997)

J.S. AND M.S., H/W, AS NATURAL PARENTS AND GUARDIANS AD LITEM OF C.S. AND M.S., MINORS, PLAINTIFFS-APPELLANTS, v. R.T.H. AND R.G.H., HIS WIFE, JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1997.

Attorney(s) appearing for the Case

Marian I. Kelly argued the cause for appellants (Hoffman, Di Muzio & Hoffman, attorneys; Ms. Kelly on the brief).

Alan G. Giebner argued the cause for respondent R.G.H. (Buonadonna, Benson & Parenti, P.C., attorneys; Mr. Giebner, on the brief).

Before Judges STERN, HUMPHREYS and WECKER.

The opinion of the court was delivered by WECKER, J.S.C., temporarily assigned.

Plaintiffs appeal from summary judgment dismissing their complaint against defendant R.G.H. (fictitiously named Mary) for negligence in failing to protect plaintiffs' minor daughters from sexual abuse by Mary's husband, co-defendant R.T.H. (fictitiously named John).1 As a result of sexual assaults upon the twelve-year-old

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