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CZYZEWSKI v. SCHWARTZ

110 N.J. Super. 255 (1970)

265 A.2d 173

BERTHA L. CZYZEWSKI AND JOHN CZYZEWSKI, INDIVIDUALLY IN HIS OWN RIGHT, PLAINTIFFS-APPELLANTS, v. MARTIN J. SCHWARTZ AND PORTER'S BODY SHOP, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS, AND TROOPER WARREN FERRY, OF THE NEW JERSEY STATE POLICE, INDIVIDUALLY, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1970.

Attorney(s) appearing for the Case

Mr. William S. Zink argued the cause for appellants (Messrs. Bleakly, Stockwell, Zink & McGeary, attorneys for Martin J. Schwartz; Messrs. McGuire, Healey & Green, attorneys for the Czyzewskis; Messrs. Kisselman, Devine, Deighan and Montano, attorneys for Porter's Body Shop, Inc.)

Mrs. Priscilla Read Chenoweth, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General, attorney).

Before Judges GOLDMANN, LEWIS and MATTHEWS.

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

Pursuant to leave granted, plaintiffs appeal from a Law Division order dismissing their complaint against defendant Trooper Ferry in their action to recover damages resulting from a rear-end collision.

On November 29, 1966, at about 9 A.M., Troopers Ferry and Miller were conducting a radar operation on Route 73 (northbound) in Voorhees Township, Camden County. Miller was operating the radar machine...

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