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1 JOHN A. AMENDOLIA, III v. GREGORY J. REYES -- rank: 1000

... the motion judge found plaintiff's action was barred under N.J.S.A. 38A:13-1.2, which provides as follows: Any person who becomes a member ... the MCL, and the State was immune from liability under N.J.S.A. 38A:13-1.2. Having found the State was immune, the judge held that ... is not 3 A-2485-16T4 entitled to immunity under N.J.S.A. 38A:13-1.2 because defendant was not a militia member. Plaintiff also argues ... S.A. 59:3-1(c) does not apply because N.J.S.A. 38A:13-1.2 removed the State's immunity by requiring it to compensate ... J.S.A. 1:1-1. The plain language of N.J.S.A. 38A:13-1.2 clearly and unambiguously provides that the MCL is the exclusive ... J. 113, 126- 27 (1969). Thus, the immunity provided by N.J.S.A. 38A:13-1.2 is not limited to militia members. Because plaintiff received ...

docket:	a2485-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-25
status:	unpublished
citation:
Document Size:	26830