Costa v. Josey
|Opinion of the Court
SUPREME COURT OF NEW JERSEY
83 N.J. 49; 415 A.2d 337
JOSEPH COSTA, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATES OF EDWARD J. FLOCCO, JR., AND PHYLLIS FLOCCO, PLAINTIFF-APPELLANT, v. ALBERT J. JOSEY, DEFENDANT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT
On a rehearing of the judgment of this Court dated May 17, 1979 and reported at 79 N.J. 535 (1979). (See 81 N.J. 294 (1979)).
No. A-24 Argued: December 11, 1979 --- Decided: May 13, 1980
Joseph T. Afflitto argued the cause for appellant (Diamond, Diamond and Afflitto, attorneys).
Stephen Skillman, Assistant Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Deputy Attorney General, of counsel; Thomas F. Marshall, Deputy Attorney General, on the brief).
For reversal and remandment — Chief Justice Wilentz and Justices Jacobs, Pashman and Schreiber. For affirmance — Justices Clifford, Handler and Pollock. The opinion of the Court was delivered by Schreiber, J. Clifford, J., dissenting. Justices Handler and Pollock join in this opinion.