06-22-11 STEPHEN VOELLINGER, ET AL. VS. PAULA T. DOW, ETC. A-5768-09T3
In this appeal, the court examined whether or to what extent the Division of Criminal Justice may be liable for losing or destroying evidence properly seized years earlier during a criminal investigation. Although the court affirmed the dismissal of plaintiffs' action, the court rejected the trial judge's determination that plaintiffs were limited to seeking replevin and concluded that the judge should have found that a gratuitous bailment was created that imposed a gross negligence standard, which the Division did not breach as a matter of law.