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LUCZAK v. TOWNSHIP OF EVESHAM

311 N.J. Super. 103 (1998)

NORA LUCZAK, AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF JOSEPH LUCZAK, DECEASED, AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH LUCZAK, DECEASED, AND INDIVIDUALLY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF EVESHAM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1998.

Attorney(s) appearing for the Case

Jeffrey A. Weiner argued the cause for appellant (Newman & Weiner, attorneys; Mr. Weiner, on the brief).

Robert Aaron Greenberg argued the cause for respondent (Taylor, Boguski & Greenberg, attorneys; Mr. Greenberg, on the brief).

Before Judges LONG, STERN and KLEINER.

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

Plaintiff, Nora Luczak, appeals from a directed verdict granted to defendant, Evesham Township, in plaintiff's wrongful death action brought against defendant under the Tort Claims Act, N.J.S.A. 59:1-1 et seq. (The Act). Defendant was granted a directed verdict based upon plan/design immunity, pursuant to N.J.S.A. 59:4-6.

Plaintiff...

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