Legal Opinion · Dissent

Estate of Terminelli v. Police & Firemen's Retirement System

New Jersey Superior Court Appellate Division

Decided May 14, 1996Published

1Dissent

HUMPHREYS, J.A.D., dissenting.

The Pension Board denied accidental death benefits to the family of Chief of Police Anthony J. Terminelli on the ground the Chiefs death was not the direct result of a traumatic event. The Board’s decision is directly contrary to the undisputed medical testimony. The decision is also in sharp conflict with the unanimous opinion of the New Jersey Supreme Court in Gable v. Board of Trustees, 115 N.J. 212, 557 A.2d 1012 (1989). I would reverse.

I

The Chief chased, tackled and subdued a person suspected of burglarizing a home. During the struggle, he was either kicked…

2Cases cited14 opinions

  1. Greenwood v. State Police Training CenterSupreme Court of New Jersey · 1992
  2. Mazza v. Board of TrusteesSupreme Court of New Jersey · 1995
  3. State v. McKnightSupreme Court of New Jersey · 1968
  4. Gerba v. BD. OF TRUSTEES, PUBLIC EMPLOYEES'RETIREM. SYS.Supreme Court of New Jersey · 1980
  5. State v. DavisSupreme Court of New Jersey · 1967

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