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ROE v. NJ TRANSIT RAIL OPERATIONS

721 A.2d 302 (1998)

317 N.J. Super. 72

Mary Jane ROE a minor, a fictitious name, by her mother and natural guardian M.J., Plaintiff-Appellant, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC. and John Doe and Richard Roe (said name being fictitious), Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1998.

Attorney(s) appearing for the Case

George W. Conk, South Orange, for plaintiff-appellant (Tulipan & Conk attorneys; Mr. Conk, on the brief).

Elizabeth A. Kenny, Deputy Attorney General, for defendant-respondent (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Kenny, on the brief).

Before Judges PRESSLER, KLEINER and STEINBERG.

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

Plaintiff Mary Jane Roe (a fictitious name) by her mother and natural guardian M.J. appeals from the grant of summary judgment in favor of defendant New Jersey Transit Rail Operations, Inc. (NJ Transit) and from the subsequent denial of her motion for reconsideration. We agree with plaintiff that there were genuine factual issues that precluded the grant of summary judgment and that Kuzmicz v. Ivy Hill...

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