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TICE v. CRAMER

133 N.J. 347 (1993)

627 A.2d 1090

JOHN W. TICE, SR., ADMINISTRATOR AD PROSEQUENDUM OF JOHN W. TICE, JR., DECEASED, JOHN W. TICE, SR., GENERAL ADMINISTRATOR OF THE ESTATE OF JOHN W. TICE, JR., DECEASED, AND JOHN W. TICE, SR., AND RITA TICE, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ROBERT CRAMER, CITY OF WILDWOOD POLICE DEPARTMENT, AND CITY OF WILDWOOD, JOINTLY, INDIVIDUALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS, AND WILLIAM G. LOGAN, JR., DEFENDANT.

The Supreme Court of New Jersey.

Decided July 28, 1993.

Attorney(s) appearing for the Case

Anne P. McHugh argued the cause for appellants (Pellettieri, Rabstein and Altman, attorneys).

James P. Savio argued the cause for respondents (Savio, Reynolds & Drake, attorneys).

Kenneth I. Nowak argued the cause for amicus curiae New Jersey State Policemen's Benevolent Association (Zazzali, Zazzali, Fagella & Nowak, attorneys; James R. Zazzali, of counsel).

Boris Moczula, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Mr. Moczula and Debra A. Owens, Deputy Attorney General, of counsel and on the brief).

The opinion of the Court was delivered by WILENTZ, C.J.

We face the question whether police officers in pursuit of a vehicle that has failed to heed their command to stop are immune from liability for injuries resulting from the pursuit. The same question was raised in Roll v. Timberman, 94 N.J.Super. 530, 229 A.2d 281 (App.Div.), certif. denied, 50 N.J. 84

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