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VIRUET v. SYLVESTER

131 N.J. Super. 599 (1975)

331 A.2d 286

ENERY VIRUET, ADMINISTRATRIX AD PROSEQUENDUM OF JOSE GARCIA, DECEASED, PLAINTIFF-APPELLANT, v. JORDAN SYLVESTER AND THE CITY OF TRENTON, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1975.

Attorney(s) appearing for the Case

Mr. Laurence I. Tomar argued the cause for appellant (Messrs. Tomar & Kamensky, attorneys).

Mr. Robert E. Monaghan argued the cause for respondents (Messrs. Morgan, Melhuish, Monaghan, McCoid and Spielvogel, attorneys).

Before Judges HALPERN, CRAHAY and ACKERMAN.

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

The complaint in this wrongful death action (there was no pretrial) charged Jordan Sylvester, a Trenton policeman, and his employer, the City of Trenton, with the death of Jose Garcia "* * * without an excuse or justification, in a negligent, wanton and reckless manner, * * *." The case was tried on the issue of liability by the trial judge, without a jury, who entered a judgment in respondents' favor and...

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