GERSHON v. REGENCY DIVING CENTER


845 A.2d 720 (2004)

368 N.J. Super. 237

Bonnie GERSHON, ADMINISTRATRIX AD PROSEQUENDUM FOR the ESTATE of Eugene J. PIETROLUONGO, Plaintiff-Respondent, v. REGENCY DIVING CENTER, INC. and Costas Prodromou, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 2004.


Attorney(s) appearing for the Case

Judith A. Wahrenberger argued the cause for appellants (Wahrenberger & Pietro, and William J. Turbeville, II, admitted pro hac vice, attorneys; Ms. Wahrenberger and Mr. Turbeville, on the brief).

Michael J. Barrett, Woodbridge, argued the cause for respondent (Wilentz, Goldman & Spitzer, attorneys; Mr. Barrett, of counsel and on the brief).

Before Judges WEFING, COLLESTER and FUENTES.


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

In this appeal we are asked to decide whether an exculpatory release, executed by decedent as a condition of receiving scuba diving instructions from defendants, precludes decedent's heirs from bringing a wrongful death action pursuant to N.J.S.A. 2A:31-1 to -6. This is an issue of first impression in this State.

This issue was originally considered...

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