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SHEHAIBER v. UMDNJ

823 A.2d 61 (2003)

360 N.J. Super. 330

Mohammed SHEHAIBER, Administrator ad Prosequendum of the Estate of Khalid Shehaiber, Deceased, and Mohammed Shehaiber, Individually, Mona Saker and Omar Shehaiber, Plaintiffs-Appellants, v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY and Leroy Smith, Jr., Defendants-Respondents, and Penni Coughlin Shehaiber, City of Newark, A Municipal Corporation of the State of New Jersey, City of Newark Police Department, City of Newark Fire Department, Kevin Lassiter, Anthony Gibson, Tamiko Campbell, Antoinette Alvarado, "John" Paraboschi, Keith Sheppard, "John" Sabur and "John" Robinson, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 23, 2003.

Attorney(s) appearing for the Case

Alan Roth, Newark, argued the cause for appellants (Bendit Weinstock, attorneys; Lisa A. Lehrer, of counsel and on the brief).

Michael R. Ricciardulli argued the cause for respondents (Ruprecht, Hart & Weeks, attorneys; Mr. Ricciardulli, of counsel; Nan C. Gallagher, on the brief).

Before Judges PRESSLER, BILDER and HOENS.

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

This negligence action arises out of the tragic drowning of a five-year old child in a backyard pool. Following the grant of partial summary judgment dismissing the action as against the University of Medicine & Dentistry (UMDNJ), the action was settled as against the remaining named defendants. A final order was then entered, and plaintiffs filed this appeal challenging the partial summary judgment...

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