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LUDLOW v. CITY OF CLIFTON

305 N.J. Super. 308 (1997)

CHRISTINE LUDLOW AND BERNARD LUDLOW, HER HUSBAND, PER QUOD, PLAINTIFFS-APPELLANTS, v. THE CITY OF CLIFTON, THE CITY OF CLIFTON BOARD OF EDUCATION, THE CITY OF CLIFTON CHILD STUDY TEAM — SPECIAL SERVICES, THE CITY OF CLIFTON SUPERINTENDENT OF SCHOOLS, AND DR. TERRANCE BRENNAN, AS DIRECTOR OF SPECIAL EDUCATION/SUPERINTENDENT OF SPECIAL SERVICES FOR THE CITY OF CLIFTON, DEFENDANTS-RESPONDENTS, AND MELINA GUTIERREZ, AN INFANT, GILBERTO GUTIERREZ AND IRMA GUTIERREZ, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1997.

Attorney(s) appearing for the Case

Dennis J. Drasco argued the cause for appellants (Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Mr. Drasco, of counsel and on the brief; Lisa A. Firko and Paul J. Zarbetski, on the brief).

Jeffrey W. Mazzola argued the cause for respondents (Staehle & Smith, attorneys; Mr. Mazzola, on the brief).

Before Judges PETRELLA and SKILLMAN.

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

Plaintiff Christine Ludlow was employed as a nurse at the Child Development Center (CDC), a private day school for emotionally disturbed and autistic children located in Bloomfield. On September 14, 1992, she suffered personal injuries when Melina Gutierrez (Melina), a thirteen-year-old female student at the CDC, assaulted her on the landing of a stairway in the school. Mrs. Ludlow and her husband Bernard...

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