WILSON v. CITY OF JERSEY CITY

Docket No. A-4044-08T2

1 A.3d 723 (2010)

415 N.J. Super. 138

Paris WILSON, an infant by his Guardian Ad Litem, Sonya MANZANO, and D'Artagnan Manzano, Individually and as Administrator of the Estates of DeQuan Wilson and Dartagnania Wilson, and DeQuan Wilson and Dartagnania Wilson, Individually, Plaintiffs-Appellants, v. CITY OF JERSEY CITY, Police Officer Jose M. Santana (Shield No. 2853), Police Officer Ernest Vidal (Shield No. 2395), 911 Operator Laura Jean Petersen (Operator No. 35), Radio Dispatcher Michael Edward Clark, 911 Operator Brenda Murdaugh-Jones (Operator No. 326), State of New Jersey, New Jersey State Police, 911 Operator Lu Ann Burd, Defendants-Respondents, and City of Jersey City, Police Officer Jose M. Santana (Shield No. 2853), Police Officer Ernest Vidal (Shield No. 2395), 911 Operator Laura Jean Petersen (Operator No. 35), Radio Dispatcher Michael Edward Clark, and 911 Operator Brenda Murdaugh-Jones (Operator No. 326), Defendants-Third-Party Plaintiffs, v. Dwayne Wilson and 185 Martin Luther King Drive, LLC; State of New Jersey, New Jersey State Police, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 4, 2010.


Attorney(s) appearing for the Case

Brian C. Harris, Livingston, and Patrick J. Boyle (Frankfurt, Kurnit, Klein & Selz) argued the cause for appellants (Braff, Harris & Sukonick, L.L.P., attorneys; Mr. Harris, Mr. Boyle, Gloria B. Cherry, Livingston, and Lisa A. Herbert (Frankfurt, Kurnit, Klein & Selz), on the brief).

Priti Vakharia, Assistant Corporation Counsel, argued the cause for respondent City of Jersey City (William Matsikousis, Corporation Counsel, attorney; Edward J. Florio, Hoboken, of counsel and on the brief; Michael T. Cooney and Thomas R. Brophy, on the brief).

Michael A. Cifelli argued the cause for respondents Santana, Vidal, Petersen, Clark and Murdaugh-Jones (Scarinci Hollenbeck, L.L.C., attorneys; Mr. Cifelli and Robert E. Levy, Lyndhurst, of counsel and on the brief; Maureen Dougherty, Margate City, on the brief).

Vincent J. Rizzo, Jr., Deputy Attorney General, argued the cause for respondents State of New Jersey, New Jersey State Police and Lu Ann Burd (Paula T. Dow, Acting Attorney General attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Rizzo, on the brief).

Before Judges STERN, GRAVES, and J.N. HARRIS.


The opinion of the court was delivered by

JONATHAN N. HARRIS, J.S.C. (temporarily assigned).

Paris Wilson is the sole survivor of a tragic mass slaying. He was left for dead with life-threatening wounds as his mother and siblings lay dying nearby in their home. After enduring multiple stab wounds allegedly inflicted by his uncle, Paris was finally able—more than thirty hours after the attack—to telephone a Jersey City 9-1-1 operator for help...

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