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KYRIAKOS v. STATE, DEPT. OF HUMAN SERV.

216 N.J. Super. 308 (1987)

523 A.2d 692

RAYMOND KYRIAKOS, M.D. AND NICOLE KYRIAKOS, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES, MARLBORO PSYCHIATRIC HOSPITAL, DR. C.L. LIN AND DR. S. ERDOGAN, DEFENDANTS-APPELLANTS, AND KEVIN V. CUNICELLA, LUCILLE CUNICELLA, GUARDIAN OF KEVIN V. CUNICELLA, JEANNE C. WEISS AND BETTERWAY RENTALS, INC., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1987.

Attorney(s) appearing for the Case

W. Cary Edwards, Attorney General of New Jersey, attorney for appellants (James J. Ciancia, Assistant Attorney General, of counsel; Robin D. Eckel, Deputy Attorney General, on the brief).

Drazin and Warshaw, attorneys for respondents (Thomas J. DiChiara, on the brief).

Before Judges KING, HAVEY and MUIR.

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

This appeal requires us to interpret N.J.S.A. 59:6-7(a) which immunizes public employees and entities from liability for injuries caused by escaping mental patients. The statute reads in pertinent part

Escape of person confined; injuries between inmates. Neither a public entity nor a public employee is liable for: a. an injury caused by an escaping or escaped person who has...

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