Opinion

Frugis v. Bracigliano

  • 177 N.J. 250
  • 827 A.2d 1040
  • 2003 N.J. LEXIS 860
Court
Supreme Court of New Jersey
Filed
Jul 28, 2003
Status
Published
Author
Coleman
On the bench
Albin, Coleman
Cited by
173 cases

stating that school personnel who observed principal’s sexually suggestive behavior with children “had an independent obligation to report directly to DYFS” and their “failure to do so, standing alone, was evidence of negligence”

How later courts described this case

  • stating that school personnel who observed principal’s sexually suggestive behavior with children “had an independent obligation to report directly to DYFS” and their “failure to do so, standing alone, was evidence of negligence”
  • noting, in a personal injury case, that "[a] plaintiff must present evidence that there is (1) `a reasonable probability that his injuries will impair his future earning capacity' and (2) `sufficient factual matter upon which the quantum of diminishment can reasonably be determined'" (quoting Coll, supra, 29 N.J. at 176, 148 A.2d 481)
  • holding promulgating policies to report abuse and implementing training programs to ensure the effectiveness of said policies promotes the safety and welfare of children, and is consistent with a school's parens patriae role
  • noting that the violation of an administrative regulation requiring school rooms to have unobstructed safety-vision panels was relevant evidence of negligent conduct, although it was not proof of negligence per se

Written by the judges who cited it.

The opinion

*288 COLEMAN, J.,

concurring in the judgment.

I concur in the judgment of the Court. I would not undertake to write the jury charge, but would instead refer the matter to the Civil Jury Charge Committee. An appropriate jury charge will eliminate the necessity of bifurcating the liability trial to determine fault and then determine the percentage of fault of the respective parties.

For affirmance in part/reversal in part/remandment—Chief Justice PORITZ and Justices COLEMAN, LONG, VERNIERO, LaVECCHIA, ZAZZALI, and ALBIN—7.

Opposed—None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.