Costa v. Josey

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Costa v. Josey  (1980) 
by the Supreme Court of New Jersey
Syllabus
Costa v. Josey, 83 N.J. 49; 415 A.2d 337 (1980), is a New Jersey Supreme Court case involving the Tort Claims Act.
Court Documents
Opinion of the Court
Dissenting Opinion
Clifford


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.

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