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HORNBERGER v. AMERICAN BROADCASTING COS., INC.

799 A.2d 566 (2002)

351 N.J. Super. 577

Louis HORNBERGER, Robert Tonkery and James Mennuti, Plaintiffs-Appellants, v. AMERICAN BROADCASTING COMPANIES, INC., ABC Holding Company, Joan Martelli, Phyllis McGrady, John W. Zucker, John Quinones, Richard Wald, Jason D. Williamson, Raymond B. Campbell, Diane E. Armstrong, William Armstrong, Diane Sawyer, Robert Lange, Anna Sims Phillips, Craig Haft, Jeffrey Kleinman, Jack Norfloss, Richard White, and Mitchell Wagonberg, and Eric Wagonberg, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 2002.

Attorney(s) appearing for the Case

Neville L. Johnson (Johnson & Rishwain) of the California Bar, admitted pro hac vice, argued the cause for appellant (Lynch, Teitelbaum & Geldhauser, attorneys; Howard S. Teitelbaum, East Brunswick, and Mr. Johnson, of counsel and on the brief).

Kevin T. Baine (Williams & Connolly) of the Washington, D.C. bar, and Jack Borrus argued the cause for respondents (Borrus, Goldin, Foley, Vignuolo, Hyman, Stahl & Clarkin, attorneys; Mr. Baine, Mr. Borrus, Steven M. Farina, Washington, DC, (Williams & Connolly), Mary Rose Papandrea, New York, NY, (Williams & Connolly), and Eileen M. Foley, North Brunswick, on the brief).

Before Judges KING, CUFF and WECKER.

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

On June 28, 1996 at 9:30 p.m., plaintiffs, police officers in Jamesburg, stopped a Mercedes Benz in which defendants Raymond Campbell, William Armstrong and Jason Williamson, three young African-American men, the "testers," were riding. Because Williamson, the driver, had changed lanes without signaling, plaintiffs demanded...

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