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Wrongful Death

FORSEEABILITY - September 11, 2001 Litigation v. Airlines- - aviation defendants owed a duty of care to screen passengers and items carried aboard to victims on the ground and that the crash of the airplanes was within the class of foreseeable hazards resulting from negligently performed security screening. IN RE 911 LITIGATION.

MURDER VICTIM’S 911 TAPE - And Transcript Of The 911 Call Were Exempt From Disclosure Under Privacy Provision Of The Open Public Records Act (Opra), And Newspaper Is Not Entitled To Receive A Copy. ASBURY PARK PRESS V. OCEAN COUNTY PROSECUTOR.

DAMAGES - Plaintiff Is Entitled To Recover Damages Under N.J.S.A. 2a:31-1, Et Seq. For Pecuniary Loss Sustained For The Loss Of Companionship, Advice And Guidance. GREEN V. BITNER.

DAMAGES - One Sibling Has Standing To Bring A Wrongful Death Action Under The Statute And The Allegations That The Decedent Had Provided Her Sister With Counseling And Advice About Her Marital Problems And Professional Career Were Sufficient To Allege A Pecuniary Loss And State A Claim. GANGEMI V. NATIONAL HEALTH LABORATORIES, INC.

PROXIMATE CAUSE - Even If Wife Had A Duty To Warn Victim Of Husband's Dangerousness, Wife's Act Of Purchasing Alcohol For Husband Was Not Proximate Cause Of Victim's Death. SACCI V. METAXAS.

DAMAGES (PUNITIVE) - Punitive Damages Award Permitted Without An Award For Compensatory Damages. SMITH V. WHITAKER.


Third Party Liability

FAILURE TO ACT - passengers had duty to assist motorcyclist lying helpless on road after he was struck by motorist's vehicle. PODIAS V. MAIRS.

SUPERMARKET (PARKING LOT) - It Was Reasonably Foreseeable That Customer Could Suffer Some Injury In Parking Lot Such That Supermarket Had Legal Duty To Customer To Provide Security. CLOHESY V. FOOD CIRCUS SUPERMARKETS, INC.

SPORTING GOODS STORE (FIREARMS) - A Commercial Seller Of Firearms Has A Duty Of Care To Take Measures Reasonably Necessary To Protect And Safeguard Its Firearms From Theft And Subsequent Criminal Misuse And It Had A Duty To Victims To Prevent The Theft And Subsequent Criminal Misuse Of Its Handguns. GALLARA V. KOSKOVICH.

DRAM SHOP - Tavern Owed Duty To Patron To Take Reasonable Cautions Against Danger Posed By Motorcycle Gang As A Group. KUEHN V. PUB ZONE.

SEXUAL ABUSE OF MINOR - Boarding School Could Be Held Vicariously Liable For Common-Law Claims Based On Child Abuse Committed By Its Employees. HARDWICKE V. AMERICAN BOYCHOIR SCHOOL.


Sexual Assult

REPRESSED MEMORY TESTIMONY - Victim Of Sexual Abuse Victim Was Not Required To Support Her Abuse Claims Based On Repressed Memories With Expert Testimony. PHILLIPS V. GELPKE.

SEXUAL ASSAULT - Sexual Assault – Liability Of Spouse For Failing To Exercise Duty Of Due Care To Protect Child From Sexual Abuse By Other Spouse. J.S. V. R.T.H.