# Fielder v. Stonack

> Supreme Court of New Jersey · July 6, 1995 · 141 N.J. 101

URL: https://www.frixlaw.com/law-library/cases/9705572

## Case

- **Full name:** Robin Fielder, Plaintiff-Respondent, v. Noelle E. Stonack, Defendant-Respondent, and Frederick S. Jenkins, Township of Neptune Police Department and Township of Neptune, Defendants-Appellants, and Kevin McGhee and Bennie T. McGhee, Defendants
- **Court:** Supreme Court of New Jersey
- **Decided:** July 6, 1995
- **Citations:** 141 N.J. 101; 661 A.2d 231; 1995 N.J. LEXIS 272
- **Precedential status:** Published
- **Opinion:** Concurrence by Stein
- **Judges:** Wilentz, Stein
- **Cited by:** 95 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9705572

## How later opinions describe it (automated extraction)

- finding summary judgment was not warranted when there was dispute over whether an officer’s conduct constituted willful misconduct when, considering the facts in the light most favorable to the nonmoving party, the officer may have knowingly violated department policy
- discussing willful misconduct standard applied in tort actions stemming from police pursuits, following the re *877 jection of a negligence standard in Tice v. Cramer, 133 N.J. 347, 627 A.2d 1090 (1993), as a result of the absolute immunity for injuries that would not have occ…
- holding that “in the context of a police officer's enforcement of the law, including the pursuit of a fleeing vehicle, willful misconduct is ordinarily limited to” such circumstances

## Opinion text

STEIN, J.,
concurring in the result.
For affirmance in part and reversal in part — Chief Justice WILENTZ, and Justices HANDLER, POLLOCK, O’HERN, GARIBALDI and COLEMAN — 6.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9705572. Public record. Not legal advice.
