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POPEK v. STATE, DEPT. OF HUMAN SERV.

240 N.J. Super. 128 (1990)

572 A.2d 1160

ROBERT M. POPEK, GUARDIAN AD PROSEQUENDUM OF THE ESTATE OF ROBERT A. POPEK, AND ROBERT A. POPEK, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES; SHERIFF OF PASSAIC COUNTY; PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS; JOHN DOE AND JANE DOE (FICTITIOUS NAMES FOR PERSONS WHOSE IDENTITIES ARE PRESENTLY UNKNOWN), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 1990.

Attorney(s) appearing for the Case

Ivy Starr Minely, attorney for appellants.

Peter N. Perretti, Jr., Attorney General, attorney for respondent Department of Human Services (Mary C. Jacobson, Deputy Attorney General, of counsel; Madeline W. Mansier, Deputy Attorney General, on the brief).

Ronca, McDonald & Hanley, attorneys for respondents Sheriff of Passaic County and Passaic County Board of Chosen Freeholders (Joseph F. Trinity, on the brief).

Before Judges PETRELLA, HAVEY and STERN.

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

Plaintiffs Robert M. Popek, as guardian, and his son Robert A. Popek, sued the State Department of Human Services (Department), the Sheriff of Passaic County and the Passaic County Board of Freeholders1 in connection with injuries received by Robert A. Popek while a patient in the care and custody of Greystone Park Psychiatric Hospital (Greystone). The complaint alleged that...

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