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MARKEY v. SKOG

129 N.J. Super. 192 (1974)

322 A.2d 513

MARIE MARKEY AND WILLIAM F. MARKEY, HER HUSBAND, PLAINTIFFS, v. CARL SKOG, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided June 21, 1974.

Attorney(s) appearing for the Case

Mr. Jack A. Maloof for defendant and third-party plaintiff (Messrs. Colquhoun, Kennedy & Brogan, attorneys; Mr. Jack A. Maloof on the brief).

Messrs. John S. Fitzpatrick and Thomas D. Monte, Jr. for third-party defendant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Thomas D. Monte, Jr. on the brief).

PRESSLER, J.C.C. (temporarily assigned).

This automobile negligence action, by reason of the third-party complaint filed by defendant Carl Skog against the New Jersey Department of Transportation (hereinafter "State"), raises an important question of construction of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., which has not heretofore been dealt with by any reported decision of our courts. That question, posed by the motion of the State for...

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