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MARCINCZYK v. N.J. POLICE TRAINING COMMISSION

No. A-4340-07T3

968 A.2d 1205 (2009)

406 N.J. Super. 608

Raymond MARCINCZYK and Erin Marcinczyk, Plaintiffs-Appellants, v. STATE OF NEW JERSEY POLICE TRAINING COMMISSION, Defendant, and County of Somerset, Somerset County Police Academy, Raritan Valley Community College, Executive Director Richard Celeste, Detective Lieutenant Peter Lubas, Detective John Russo, Detective Judith Polhill and Detective William Loften, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 2009.

Attorney(s) appearing for the Case

Kenneth W. Thomas argued the cause for appellants (Lanza & Lanza, attorneys; John R. Lanza, of counsel; Mr. Thomas and John E. Lanza, on the brief).

Scott D. Rodgers, Somerville, argued the cause for respondents (County of Somerset Office of the County Counsel, attorneys; Mr. Rodgers, on the brief).

Before Judges CUFF, FISHER and C.L. MINIMAN.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we conclude that an exculpatory agreement executed by a police trainee is valid and enforceable in that it serves a valid public concern, does not negate a statutory duty, and is not unconscionable. We also hold that plaintiff's claim for damages based upon personal injuries sustained during the training program fell within the agreement's scope, and, as a result, we affirm the summary...

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