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PHILLIPS v. STATE, DEPT. OF DEFENSE

98 N.J. 235 (1985)

486 A.2d 318

WALTER PHILLIPS, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF DEFENSE, NEW JERSEY STATE MILITIA, MARK CURIALE AND CHARLES WATSON, DEFENDANTS-RESPONDENTS. and FMC CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 21, 1985.

Attorney(s) appearing for the Case

Joseph Albanese, a member of the Maine bar, argued the cause for appellant Walter Phillips (Samuel A. Weiner, attorney).

David R. Kott argued the cause for appellant FMC Corporation (McCarter & English, attorneys; Eugene M. Haring, of counsel).

Jonathan L. Williams, Deputy Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, First Assistant Attorney General, Theodore A. Winard, Assistant Attorney General, and Deborah T. Poritz, Deputy Attorney General, of counsel; Jonathan L. Williams, Madeleine W. Mansier and William Harla, Deputy Attorneys General, on the briefs).

The opinion of the Court was delivered by SCHREIBER, J.

Plaintiff, Walter Phillips, a member of the New Jersey State Militia, filed a complaint in the Superior Court seeking damages for personal injuries he allegedly suffered during a military training maneuver at Fort Drum, New York. Plaintiff charged that on or about August 17, 1978, Private Charles Watson, the driver of an armored personnel carrier, and Lieutenant Mark Curiale, the officer in charge, caused the...

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