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DIAZ v. REYNOSO

DOCKET No. A-1285-20.

255 A.3d 1217 (2021)

468 N.J. Super. 73

Vladimir DIAZ, Plaintiff, v. Herbert J. REYNOSO and AWJ Inc., d/b/a El Tango Argentina Grill, Defendants, and Angel Dominguez, Defendant-Respondent, and The City of Englewood, New Jersey, a Municipal Corporation of the State of New Jersey, County of Bergen, its Officials, Employees and/or agents, Anthony Gallo, Individually and as a Police Officer of the City of Englewood, and Lothairs Porter, Individually and as a Police Office of the City of Englewood, Defendant-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 2021.

Attorney(s) appearing for the Case

James F. Dronzek argued the cause for appellants (Chasan Lamparello Mallon & Cappuzzo, PC, attorneys; James F. Dronzek , of counsel and on the brief; Ryan J. Gaffney , Secaucus, on the brief).

Peter E. Mueller argued the cause for respondent (Harwood Lloyd, LLC, attorneys; Jeanne O. Marino , Hackensack, of counsel and on the brief; Peter E. Mueller , on the brief).

Before Judges Sabatino, Gooden Brown, and DeAlmeida.

The opinion of the court was delivered by

This interlocutory appeal from a Rule 4:6-2(e) dismissal order raises novel issues of legal duty and tort liability in a drunk driving context.

The issues concern whether a volunteer who assures police officers at a roadside stop of an apparently...

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