Stone v. Police Department of Keyport

The opinion of the court was delivered by

BRODY, J.A.D.

Stanley Stone (plaintiff) and his wife brought this tort action to recover damages for injuries he received when shot by Keyport Police Officer John Dayback (defendant). It was agreed at trial that despite the caption of the case, the Borough of Keyport and its Chief of Police William Geiger would be considered the only other defendants. The trial judge submitted to the jury the issues of negligence1 and damages after dismissing all other claims. By answers to special interrogatories, the jury found defendant 40% negligent and plaintiff…