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DICKSON EX REL. DUBERSON v. TP. OF HAMILTON

Docket No. A-0422-07T2.

946 A.2d 617 (2008)

400 N.J. Super. 189

Robin M. DICKSON, by and through her guardian, Alice DUBERSON, Plaintiffs-Respondents/Cross-Appellants, and Paul E. Dickson, Jr. and Alice Duberson, individually, Plaintiffs-Respondents, v. TOWNSHIP OF HAMILTON, Defendant-Appellant/Cross-Respondent, and County Of Atlantic and State of New Jersey, jointly, severally, and in the alternative, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2008.

Attorney(s) appearing for the Case

Neil Stackhouse argued the cause for appellant/cross-respondent Township of Hamilton (The Law Offices of Neil Stackhouse, attorneys; Frederick P. Warner, on the brief).

Christopher S. Lipari, Linwood, argued the cause for respondent/cross-appellant Robin Dickson (Christopher S. Lipari, L.L.C., attorneys; Mr. Lipari, on the brief).

Steven C. Harris, Plesantville, attorney for respondent Paul Dickson, joins in the brief of respondent/cross-appellant Robin Dickson.

Before Judges LISA, LIHOTZ and SIMONELLI.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

By our leave granted, defendant Hamilton Township (Township) appeals and plaintiff Robin Dickson cross-appeals from the denial of their respective requests for summary judgment in this negligence action. The Township asserts it is immune from suit and plaintiff argues the Township's liability is bottomed on the negligence of its employee. We are asked to examine provisions of the New Jersey Tort Claims...

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