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BUSTAMANTE v. TULIANO

248 N.J. Super. 492 (1991)

591 A.2d 694

RAUL E. BUSTAMANTE AND YOLANDA BUSTAMANTE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. PAUL TULIANO, DEFENDANT-APPELLANT, AND THE TOWNSHIP OF PEMBERTON, DEFENDANT-RESPONDENT, AND EDWARD CARMEN, WILLIAM HANN, BUD FIFIELD, AND JOHN DOE(S), FICTITIOUS NAME(S), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1991.

Attorney(s) appearing for the Case

Robert B. Kugler argued the cause for appellant (Moss, Powers & Kugler, attorneys; Robert B. Kugler, on the brief).

Philip T. Ciprietti argued the cause for respondents Bustamante.

Stacy L. Moore, Jr. argued the cause for respondent Township of Pemberton (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, on the brief).

Before Judges KING, LONG and STERN.

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

Plaintiff Raul Bustamante lost the sight in his left eye when he was struck by a wax bullet during training exercises of Pemberton Township Emergency Response Team (ERT). After accepting workers' compensation benefits, Bustamante filed a complaint against the Township of Pemberton and his fellow officer, Paul Tuliano, pursuant to N.J.S.A. 34:15-8 in which he contended that Tuliano intentionally shot him...

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