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ESTATE OF DESIR EX REL. ESTIVERNE v. VERTUS

A-3 September Term 2011, 067899

69 A.3d 1247 (2013)

214 N.J. 303

ESTATE OF Naitil DESIR, by and through its lawfully appointed Administratrix Edmonde ESTIVERNE, and Edmonde Estiverne, individually and on behalf of the Heirs at Law and Dependents of Naitil Desir, Plaintiffs, and Estate of Cosme Novaly, by and through its lawfully appointed Administrator Wilner Novaly, and Wilner Novaly, individually and on behalf of the Heirs at Law and Dependents of Cosme Novaly, Plaintiffs-Respondents, v. Jean Robert VERTUS, Individually and on behalf of Vertus Financial Services and Vertus Financial Services, Defendants-Appellants, and Jean Robert Vertus, Defendant/Third-Party Plaintiff, v. Earl Easterling, Louis Boggs, and Letray Evans, Third-Party Defendants.

Supreme Court of New Jersey.

Decided May 20, 2013.

Attorney(s) appearing for the Case

Michael Dolich, Marlton, argued the cause for appellants (Bennett Bricklin & Saltzburg and Ronca, Hanley, Nolan & Zaremba, attorneys; John J. Ronca, Jr., on the briefs).

Alexandra A. Conti, Union, argued the cause for respondent (Conti & Conti, attorneys).

Justice HOENS delivered the opinion of the Court.

In this appeal we consider whether the tragic shooting death of an individual by a criminal fleeing from a business gives rise to a cause of action sounding in tort on behalf of the decedent's estate against the owner of the business premises.

The representatives of the decedent's estate assert that it was the owner's acts of leaving the premises in response to his belief that "something" was wrong and of asking...

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