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JOBES v. EVANGELISTA

849 A.2d 186 (2004)

369 N.J. Super. 384

Francis E. JOBES, Jr., Plaintiff-Respondent/Cross-Appellant, v. Albert EVANGELISTA, Pompton Lakes Volunteer Fire Department, Borough of Pompton Lakes and Sgt. Stephen Seifried, Defendants-Appellants/Cross-Respondents. Gerald L. Rifenbark, Plaintiff-Respondent, v. Albert Evangelista, Pompton Lakes Volunteer Fire Department, Borough of Pompton Lakes, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Francis X. Garrity, Montclair, argued the cause for appellant (Garrity, Graham, Favetta & Flinn, attorneys; June Garrity Glass, on the brief).

Daniel J. McCarthy, Cranford, and Christopher L. Troy, Philadelphia, PA, argued the cause for respondent Francis E. Jobes, Jr. (Rogue McCarthy, attorneys; Mr. McCarthy, on the brief).

Neil M. Cohen argued the cause for respondent Gerald L. Rifenbark (Gill & Cohen, attorneys; Mr. Cohen, on the joint brief filed by respondents).

Before Judges PRESSLER, PARKER and R.B. COLEMAN.

The opinion of the court was delivered by PRESSLER, P.J.A.D. (retired and temporarily assigned on recall).

By these consolidated actions plaintiffs Francis E. Jobes, Jr. and Gerald Rifenbark each sought compensatory and punitive damages based on causes of action sounding in defamation, malicious prosecution and false-light invasion of privacy causes of action. The gravamen of their complaint was that defendant Albert Evangelista...

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