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HAMEL v. STATE

728 A.2d 264 (1999)

321 N.J. Super. 67

Cecelia HAMEL and Diane Hamel, an infant, by her Guardian Ad Litem, Cecelia Hamel, Plaintiffs-Appellants, v. STATE of New Jersey; Attorney General of the State of New Jersey; Borough of Bergenfield; Bergenfield Board of Education; Superintendent, John F. Galish; Roy W. Brown Middle School; Rita Eberhard; Robert Cancro; Robert Petrella; Brad Tirpak; Craig Royston; Philip Lastra; Kevin Thiele; Sean Dillon; David R. Tirpak; Donna M. Tirpak; Craig G. Royston; Deborah A. Royston; John J. Lastra; Catherine Lastra; Joseph A. Dillon; Debra Dillon; Robert Thiele and Jacqueline Thiele, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1999.

Attorney(s) appearing for the Case

Christine M. Stevenson, Roseland, for plaintiffs-appellants (Contant, Scherby & Atkins, Hackensack, attorneys; Ms. Stevenson and Matthew S. Rogers on the brief).

Daniel McNerney, Hackensack, for defendants-respondents Bergenfield Board of Education, Superintendent Galish, Roy W. Brown Middle School; Rita Eberhard, David Petrella and Robert Cancro (Breslin & McNerney, attorneys; Mr. McNerney, on the brief).

The remaining respondents did not file briefs.

Before Judges HAVEY, PAUL G. LEVY and LESEMANN.

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

Plaintiffs filed suit against defendants Bergenfield Board of Education (Board), Rita Eberhard, Principal of the Roy W. Brown Middle School, Robert Cancro, Vice Principal, David Petrella, a teacher, and individual students and their parents. Plaintiffs claim that the Board and the school official defendants [hereinafter referred to as the Board defendants] were negligent in failing to protect plaintiff Diane...

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