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SAMUEL v. DOE

727 A.2d 1016 (1999)

158 N.J. 134

Margaret SAMUEL, Plaintiff-Respondent, v. John DOE, said name John Doe being fictitious, Defendant. Market Transition Facility of New Jersey, Plaintiff-Appellant, v. Margaret Samuel, Defendant-Respondent, and John Doe, said name being fictitious, Defendant.

Supreme Court of New Jersey.

Decided April 21, 1999.

Attorney(s) appearing for the Case

Joseph F. Trinity, Clinton, for plaintiff-appellant (Gebhardt & Kiefer, attorneys; Robert G. Engelhart, on the brief).

Kelley L. Johnson, for defendant-respondent (Pellettieri, Rabstein and Altman, attorneys; Edward Slaughter, Jr., Princeton, of counsel).

The opinion of the Court was delivered by O'HERN, J.

This appeal presents a conundrum—a riddle without an apparent solution—in part because of the case's procedural posture. In May 1992, twenty-one-year-old plaintiff Margaret Samuel was returning to the home of her aunt and uncle on Long Beach Island from her college in West Virginia. After the long drive home from West Virginia, she stopped at the Ketch, a tavern on the south end of Long Beach Island...

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