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N.J. PROPERTY-LIAB., ETC. v. STATE

184 N.J. Super. 348 (1982)

446 A.2d 189

NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION ET ALS., PLAINTIFFS, v. STATE OF NEW JERSEY ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided January 4, 1982.

Attorney(s) appearing for the Case

R. Alan Aslaksen, attorney for plaintiff New Jersey Property-Liability Insurance Guaranty Association.

William V. Kelly for defendant State of New Jersey (Starkey, Kelly, Cunningham, Blaney & Ward, attorneys).

Mary J. Maudsley, for defendants Elwood Bell and Lillian Bell (Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys).

Angelo J. DiCamillo for defendants Elwood Bell and Lillian Bell (Riley & DiCamillo, attorneys).

Seth Grossman for infant plaintiff Nathaniel Rodger Murray.

GIBSON, J.S.C.

This is a declaratory judgment action in which the central issue is whether foster parents are considered employees of the State for purposes of the New Jersey Tort Claims Act, N.J.S.A. 59:1-3. Based on common-law principles as well as statutorily based public policy, it is the conclusion of this court that they are. The issue comes before the court as a result of plaintiffs' motion for summary judgment. R. 4:46-2. The facts which are...

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