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MACALUSO EX REL. MACALUSO v. KNOWLES

775 A.2d 108 (2001)

Roger MACALUSO, individually and as Administrator Ad Prosequendum of The Estate of Joseph MACALUSO and Laurie Macaluso, Plaintiffs-Appellants, v. Wade KNOWLES; First Fidelity Group, Inc.; West Orange Board of Education; Martha M. Paravati; Helen M. Williams; Martha Belfiore; Valerie Korczukowski; Randy Rose; and Analiza Maigue, Defendants, and Township of West Orange and West Orange Police Department, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Jason R. Mischel for appellants, (Laurence E. Appet and Associates, attorneys; Mr. Mischel, on the brief).

Matthew J. Scola, West Orange, for respondents.

Before Judges A.A. RODRÍGUEZ, COLLESTER and FALL.

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

The issue presented in this appeal is whether there is a "special relationship exception" to the New Jersey Tort Claims Act (TCA) N.J.S.A. 59:1-1 to 13-8. We hold that there is no such exception.

On April 17, 1997, Joseph Macaluso, then a seven year old first grade student at the Redwood Elementary School in West Orange, lost his life. That...

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