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HAWES v. NEW JERSEY DEPT. OF TRANSP.

232 N.J. Super. 160 (1988)

556 A.2d 1224

EULA HAWES, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE GOODS, CHATTELS, RIGHTS AND CREDITS OF THE ESTATE OF JOHNNY A. HAWES, AND INDIVIDUALLY, PLAINTIFF, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided January 8, 1988.

Attorney(s) appearing for the Case

Robert J. Giasullo, Esq., for Plaintiff (Bursik, Kuritsky & Giasullo, Esqs.).

Adele C. Baker, Esq., for Defendants (Deputy Attorney General, W. Cary Edwards, Esq., Attorney General).

MENZA, J.S.C.

This is a motion for summary judgment brought by the defendants New Jersey Department of Transportation (DOT) and New Jersey Transit Corporation (NJT).

The plaintiff is the administratrix of the estate of the decedent, who was struck and killed by a train owned by NJT when he attempted to cross a railroad track.

In this suit, the plaintiff contends that the defendants allowed a dangerous condition to exist on the right of way of the railroad...

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