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PHILLIPS v. GELPKE

921 A.2d 1067 (2007)

190 N.J. 580

Melissa PHILLIPS, Plaintiff-Appellant, v. John GELPKE, Defendant-Respondent, and Barbara Gelpke, Defendant.

Supreme Court of New Jersey.

Decided May 17, 2007.

Attorney(s) appearing for the Case

Richard J. Schachter, argued the cause for appellant (Norris McLaughlin & Marcus, P.A., attorneys, Bridgewater; Mr. Schachter and Andrea S. Glaser, on the briefs).

Kevin P. Kovacs, argued the cause for respondent (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys, Bedminster).

Justice LaVECCHIA delivered the opinion of the Court.

At age nineteen, plaintiff Melissa Phillips sued her uncle, John Gelpke,1 for injuries resulting from his sexual abuse that occurred when she was between three and eight years old. The jury awarded plaintiff $750,000 in compensatory damages. That verdict was reversed, however, when the Appellate Division accepted defendant's argument that plaintiff's case never should have advanced...

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