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TORRES v. CITY OF PERTH AMBOY

748 A.2d 125 (2000)

329 N.J. Super. 404

Martin TORRES, Plaintiff-Appellant, v. CITY OF PERTH AMBOY, Perth Amboy Police Department and Andy Montalvo, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 2000.

Attorney(s) appearing for the Case

Michael F. O'Gara, Princeton, for plaintiff-appellant (Doris C. Lamourt, Perth Amboy, attorney; Mr. O'Gara, on the brief).

Frederick L. Rubenstein, for defendants-respondents (Nolan & Hynes, Perth Amboy, attorneys; Mr. Rubenstein, on the brief).

Before Judges D'ANNUNZIO, NEWMAN and FALL.

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

This is an automobile personal injury negligence action against a police officer and his employer, the City of Perth Amboy. Plaintiff appeals from a summary judgment entered in favor of all defendants based on the "pursuit" immunity contained in N.J.S.A. 59:5-2b(2). We now reverse.

Officer Montalvo was on routine patrol operating a marked police vehicle...

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