Search Rutgers Law Library N.J. Court Opinions

31 BRYCE PATRICK v. CITY OF ELIZABETH -- rank: 765

... the dangerous condition. [ N.J.S.A. 59:4-2.] N.J.S.A. 59:4-1 states that a dangerous condition "means a condition of property ... or personal property owned or controlled by the public entity." N.J.S.A. 59:4-1(c). It is undisputed that the BOE did not own ...

docket:	a2792-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	published
citation:	449 N.J.Super. 565 159 A.3d 906
Document Size:	39498

32 THOMAS C. HAYNES v. STATE OF NEW JERSEY -- rank: 762

... the property was in a dangerous condition. Id. at 124. N.J.S.A. 59:4-1 defines "dangerous condition" as "a condition of property that creates ... at large who utilized the roadway with due care. See N.J.S.A. 59:4-1. In this regard, the motion court's reliance on Garrison ... separate. The controlling question, more accurately stated, is whether, under N.J.S.A. 59:4-1(a), the roadway created a "substantial risk of injury" when ... insufficient to establish a dangerous condition within the meaning of N.J.S.A. 59:4-1, the evidence of prior accidents had no probative value in ...

docket:	a5744-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	unpublished
citation:
Document Size:	43083

33 LINDA CLARK v. CITY OF WILDWOOD -- rank: 760

... dangerous condition' within the A-0110-21 6 meaning of N.J.S.A. 59:4-1.' Further, the judge concluded defendant had no 'actual or constructive ... did not amount to a dangerous condition,' as defined under N.J.S.A. 59:4-1(a),1 the judge explained: [m]inor dips and bumps ... the concrete lane and the boards could also be 1 N.J.S.A. 59:4-1(a) defines a dangerous condition as 'a condition of property ... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4-1(a) (emphasis added). Our Supreme Court has defined 'substantial risk ...

docket:	a0110-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-09
status:	Unpublished
citation:
Document Size:	31897

34 DANIEL J. O'BRIEN v. NEW JERSEY TURNPIKE AUTHORITY -- rank: 755

... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4- -1(a). A ''substantial risk' . . . is not minor, trivial, or insignificant ...

docket:	a0549-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-27
status:	Unpublished
citation:
Document Size:	49385

35 Thomas J. Stewart v. New Jersey Turnpike Authority -- rank: 755

... regarding whether there was a dangerous condition on the overpass. - - N.J.S.A. 59:4-1(a). (pp. 14-15) See 2. As to derivative liability ... regarding whether there was a dangerous condition on the overpass. N.J.S.A. 59:4-1(a) defines a “dangerous condition” as “a condition ...

docket:	a-61-20
court:	NJ Supreme Court
decided:	2022-02-09
status:
citation:
Document Size:	41379

36 PATRICIA SHILINSKY v. BOROUGH OF RIDGEFIELD -- rank: 755

... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1(a). 5 Plaintiffs do not contend that "a negligent or ...

docket:	a0028-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-26
status:	unpublished
citation:
Document Size:	44405

37 CHRISTIANNA PITCHER v. OCEAN RIDE -- rank: 752

... be governed by the heightened "palpably unreasonable" negligence standard. However, N.J.S.A. 59:4-1 to -10 deals with public entities' liability for dangerous conditions ...

docket:	a0102-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-24
status:	unpublished
citation:
Document Size:	41873

38 RUTH DEANE v. WINDING RIVER PARK ICE SKATING RINK -- rank: 749

... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1(a). These two liability provisions may intersect "when a public ... A dangerous condition must create a "substantial risk of injury." N.J.S.A. 59:4-1. A substantial risk is one that is not minor, trivial ...

docket:	a5443-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-14
status:	unpublished
citation:
Document Size:	31131

39 ELISSA ROSE MAYBLOOM v. JACKSON TOWNSHIP BOARD OF EDUCATION -- rank: 747

... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1(a). The Court has recognized that these two liability provisions ...

docket:	a5906-09
court:	superior court trial
decided:	2011-03-03
status:	Published
citation:
Document Size:	39324

40 /usr/local/share/www/libweb/collections/courts/appellate/a1971-19.opn.html -- rank: 739

... of Middletown, 154 N.J. 282, 286–87 (1998) (quoting N.J.S.A. 59:4- 1(a)). 'The first consideration is whether the property poses a ...

docket:
court:
decided:
status:
citation:
Document Size:	37011

41 BRIANNA ACKERMAN v. FRANKLIN TOWNSHIP BOARD OF EDUCATION -- rank: 739

... immunity provisions of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:4-1 to 12-3. The motion judge considered the summary judgment ... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1. Therefore, "[t]he dangerous condition, which is the predicate for ...

docket:	a5108-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-30
status:	unpublished
citation:
Document Size:	46836

42 JOSEPH M. SHAY JR., ET AL. VS. HOLMDEL TOWNSHIP BOARD OF EDUCATION, ET AL. VS. LAURA SHAY, ET AL. -- rank: 737

... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4-1. Therefore, '[t]he dangerous condition, which is the predicate for ...

docket:	a1289-22
court:	appellate
decided:	2024-05-09
status:	Unpublished
citation:
Document Size:	22349

43 LUZ CRUZ v. CAMDEN COUNTY -- rank: 737

... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4-1(a). A public entity is liable for a dangerous condition ...

docket:	a2074-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-19
status:	Unpublished
citation:
Document Size:	25262

44 ROGER C. GATES v. COUNTY OF PASSAIC -- rank: 734

... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4-1(a). As to dangerous condition, the resident, who lived directly ...

docket:	a3436-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-08
status:	Unpublished
citation:
Document Size:	65909

45 JOSEPH G. CASELLA v. TOWNSHIP OF MANALAPAN -- rank: 734

... to the intersection "create[d] a substantial risk of injury." N.J.S.A. 59:4-1(a). Plaintiff failed to do so. We therefore affirm. Affirmed ...

docket:	a0139-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	35589