Legal Opinion
Phillips v. Curiale
Supreme Court of New Jersey
Decided July 13, 1992PublishedCited by 101 opinions
1Opinion of the Court
The opinion of the Court was delivered by
O’HERN, J.
In Phillips v. State, 98 N.J. 235, 486 A.2d 318 (1985) (Phillips I), we held that a member of the New Jersey National Guard injured in the line of duty could sue fellow guard members for those injuries if attributable to the fellow guard members’ negligence, unless the defendants were complying with a lawful order. Id. at 250, 486 A. 2d 318. Recognizing the inconsistency that the fellow guard members might be held liable while the State is immune (and yet possibly liable for indemnification), we “invite[d] the Legislature to consider the…
2Cases cited57 opinions
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
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3Cited by101 opinions
- In re D.C.Supreme Court of New Jersey · 1996
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- Oberhand v. Director, Division of TaxationSupreme Court of New Jersey · 2008
- Kaho'ohanohano ex rel. Morales-Kaho'ohanohano v. Department of Human ServicesHawaii Supreme Court · 2008
- Chase Manhattan Bank v. JosephsonSupreme Court of New Jersey · 1994
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