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ROGERS v. JORDAN

773 A.2d 116 (2001)

339 N.J. Super. 581

Veronica ROGERS, Plaintiff-Respondent, v. Keith B. JORDAN, Newark Police Department, PSE & G, County of Essex, State of New Jersey Commissioner of Insurance, Unsatisfied Claim and Judgment Fund Board, Utica National Insurance Group, et al, Defendants, City of Newark, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 2001.

Attorney(s) appearing for the Case

John C. Pidgeon, First Assistant Corporation Counsel, argued the cause for appellant (Michelle Hollar Gregory, Corporation Counsel; Shay Deshpande, Assistant Corporation Counsel, and Stephanie A. Lane, Assistant Corporation Counsel, on the brief).

Cynthia M. Maurer argued the cause for respondent (Jacoby & Meyers, Newark, attorneys; Ms. Maurer, on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

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

In this appeal we are asked to resolve whether defendant, City of Newark (the City), is vicariously liable under the doctrine of respondeat superior for a police officer's negligent operation of a personal automobile while in uniform and traveling home on lunch break. The motion judge denied the City's motion for partial summary judgment finding that defendant...

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