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FRUGIS v. BRACIGLIANO

798 A.2d 614 (2002)

351 N.J. Super. 328

Brian FRUGIS and Susan Frugis, Individually, and as guardians for their minor child, B.F., Plaintiffs-Respondents/Cross-Appellants, v. Samuel BRACIGLIANO, Defendant, and The Elmwood Park Board of Education, Defendant-Appellant/Cross-Respondent. Robert Hutzel and Jeane Hutzel, Individually, and as guardians for their minor child, R.H., Plaintiffs-Respondents/Cross-Appellants, v. Samuel Bracigliano, Defendant, and The Elmwood Park Board of Education, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 2002.

Reconsideration Granted May 1, 2002.

Attorney(s) appearing for the Case

Christopher R. Carroll argued the cause for appellant/cross-respondent (Carroll, McNulty & Kull, attorneys; Mr. Carroll, of counsel and on the brief; James W. Gunson, Gladstone, on the briefs).

Herbert C. Klein, Roseland, argued the cause for respondents/cross-appellants (Nowell Amoroso Klein Bierman, attorneys; Mr. Klein, of counsel and on the brief; Sean M. Lipsky, on the briefs).

Before Judges PETRELLA, STEINBERG, and ALLEY.

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

This appeal and cross-appeal arise from a lawsuit filed by two students, B.F. and R.H., and their parents against a former elementary school principal and a board of education, based on theories of intentional tort, negligence, and civil rights violations. In essence, plaintiffs B.F. and R.H. claimed they suffered severe and permanent psychological injuries as a...

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