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POLYARD v. TERRY

160 N.J. Super. 497 (1978)

390 A.2d 653

GEORGE POLYARD, AS ADMINISTRATOR AD PROSEQUENDUM FOR THE HEIRS AT LAW OF DOROTHY FERREIRA, DECEASED, AND GENERAL ADMINISTRATOR OF THE ESTATE OF DOROTHY FERREIRA, DECEASED, AND HERBERT FERREIRA, PLAINTIFFS-RESPONDENTS, v. DAVID TERRY, JOYCE HEIL, DEFENDANTS, AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1978.

Attorney(s) appearing for the Case

Mr. Thomas F. Marshall, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General, attorney; Mr. William F. Hyland, Former Attorney General; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. George W. Fisher, Deputy Attorney General, and Mr. Thomas F. Marshall, Deputy Attorney General, on the brief).

Mr. Joseph L. Kramer argued the cause for respondents (Mr. J. Howard Solomon, on the brief).

Before Judges ALLCORN, HORN and FURMAN.

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

This is another in the proliferating number of highway accident cases wherein the alleged negligence of the New Jersey Department of Transportation (State) alone or in conjunction with the alleged negligence of others is projected as a basis for recovery against the State.

In this case the accident occurred on August 25, 1974 on Route 4 in Hackensack, a short distance west of the Hackensack River Bridge...

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