Search Rutgers Law Library N.J. Court Opinions

106 JANE D'ALESSIO v. COMMISSIONER OF FIRE DISTRICT 2, PORT READING FIRE DEPARTMENT -- rank: 683

... Transit Corp., __ N.J. __ , __ (2021) (slip op. at 23-25). N.J.S.A. 59:4-2 provides a public entity is liable if a plaintiff establishes ... under the TCA. See Coyne, 182 N.J. at 493; N.J.S.A. 59:4-2. Palpably unreasonable conduct is 'a more obvious and A-3444 ...

docket:	a3444-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-29
status:	Unpublished
citation:
Document Size:	28391

107 YAAKOV FISGUS and ALLISON FISGUS v. KENNY AREY -- rank: 683

... to protect against the dangerous condition. A-3812-17T3 15 [N.J.S.A. 59:4-2.] Even if a plaintiff establishes these elements, the public entity ... not palpably unreasonable.' Garrison, 154 N.J. at 286 (quoting N.J.S.A. 59:4-2). Plaintiff concedes that without Balgowan's putative expert testimony, there ... or wrongful act or omission of an employee of' Lakewood, N.J.S.A. 59:4-2(a), and there is no evidence that Lakewood had actual ... constructive notice of the hidden void into which plaintiff fell, N.J.S.A. 59:4-2(b). Accordingly, we affirm the court's order granting Lakewood ...

docket:	a3812-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Unpublished
citation:
Document Size:	34449

108 WILLIAM ZENGEL v. COUNTY OF MIDDLESEX -- rank: 683

... May 23, 2022. The court rejected plaintiff's arguments, reasoning: [ N.J.S.A.] 59:4-2 lays out the concept that the plaintiff must prove a ...

docket:	a3164-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-10
status:	Unpublished
citation:
Document Size:	42675

109 JOSEPH KOCH v. STATE OF NEW JERSEY -- rank: 683

... with the fair and uniform principles established herein.' Pursuant to N.J.S.A. 59:4-2, the court also stated that a public entity is liable ...

docket:	a5570-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-16
status:	Unpublished
citation:
Document Size:	50549

110 PETER WILSON v. MIKE PODEIA -- rank: 683

... found plaintiff's claims against these defendants were barred by N.J.S.A. 59:4-2 of the TCA, because plaintiff had not alleged or established ... carrier; (3) misapplying the immunity provided to public entities under N.J.S.A. 59:4-2 in its grant of NJT's motion for summary judgment ...

docket:	a1228-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-06
status:	unpublished
citation:
Document Size:	44736

111 /usr/local/share/www/libweb/collections/courts/supreme/a0045-14.opn.html -- rank: 681

... Guided by these principles, we turn to the TCA itself. N.J.S.A. 59:4-2 provides: A public entity is liable for injury caused by ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] To hold a public entity liable under this statute, plaintiff ... the dangerous condition within sufficient time to eliminate the danger. N.J.S.A. 59:4-2(a), (b); Carroll v. N.J. Transit , 366 N.J ... inaction with respect to the dangerous condition was palpably unreasonable. N.J.S.A. 59:4-2; Garrison , supra , 154 N.J. at 286. A "dangerous condition ... fix the slight lip cannot be viewed as "palpably unreasonable." N.J.S.A. 59:4-2. Although the term "palpably unreasonable" is not defined in the ... Attorney General's Task Force on Sovereign Immunity comment on N.J.S.A. 59:4-2 (Gann 2011)). See also Muhammad v. N.J. Transit , ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	27355

112 Ian Michael Wymbs, et als. V. Township of Wayne, et als. -- rank: 681

... at a specific location establish a prima facie case under N.J.S.A. 59:4-2. Plaintiffs maintain that by “limiting the evidence of prior accidents ...

docket:	a-114-98
court:	njsupreme
decided:	2000-05-11
status:
citation:	163 N.J. 523
Document Size:	58618

113 THERESA LEE v. STATE OF NEW JERSEY -- rank: 681

... J. 565 , 575 (1981).] A plaintiff must also demonstrate under N.J.S.A. 59:4-2 that the public entity's conduct was "palpably unreasonable." Ibid ...

docket:	a1077-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-23
status:	unpublished
citation:
Document Size:	65270

114 KAREEM FARRAR v. CITY OF PERTH AMBOY AND PERTH AMBOY DIVISION OF PARKS AND RECREATION - -- rank: 681

... Guided by these principles, we turn to the TCA itself. N.J.S.A. 59:4-2 provides: A public entity is liable for injury caused by ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] To hold a public entity liable under this statute, plaintiff ... the dangerous condition within sufficient time to eliminate the danger. N.J.S.A. 59:4-2(a), (b); Carroll v. N.J. Transit , 366 N.J ... inaction with respect to the dangerous condition was palpably unreasonable. N.J.S.A. 59:4-2; Garrison , supra , 154 N.J. at 286. A "dangerous condition ... fix the slight lip cannot be viewed as "palpably unreasonable." N.J.S.A. 59:4-2. Although the term "palpably unreasonable" is not defined in the ... Attorney General's Task Force on Sovereign Immunity comment on N.J.S.A. 59:4-2 (Gann 2011)). See also Muhammad v. N.J. Transit , ...

docket:	a0045-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	unpublished
citation:
Document Size:	27900

115 SHEILA ALLEN v. JERSEY CITY BOARD OF EDUCATION -- rank: 674

... for an injury occurring on its property is circumscribed by N.J.S.A. 59:4-2: A public entity is liable for injury caused by a ...

docket:	a2919-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-17
status:	Unpublished
citation:
Document Size:	36236

116 MASON LESSA, a minor by his natural parent and guardian ad litem DONNA LESSA v. TOWNSHIP OF PEMBERTON and ANNEMARIE WEWER AND SCOTT HAROLD NATZEL -- rank: 674

... not immune from liability for these acts or omissions, citing N.J.S.A. 59:4-2 and N.J.S.A. 59:4-4. Plaintiff contends ... maintain the shrubs on Wewer's property is permitted under N.J.S.A. 59:4-2, which provides: A public entity is liable for injury caused ... Nonetheless, plaintiff argues that the Township could be liable under N.J.S.A. 59:4-2 because it "controlled" the hedges. The factual support provided for ... overgrown hedges does not provide a basis for liability under N.J.S.A. 59:4-2. See Dickson v. Twp. of Hamilton , 400 N.J. Super ...

docket:	a2140-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-19
status:	Published
citation:
Document Size:	24378

117 RONALD SULLIVAN v. NEW JERSEY TRANSIT -- rank: 671

... or constructive) of such condition by NJT, both required under N.J.S.A. 59:4-2. Noting that NJT had produced an inspection report for railcar ... entity for injury caused by a condition of its property. N.J.S.A. 59:4-2 states: A public entity is liable for injury caused by ...

docket:	a4015-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-20
status:	unpublished
citation:
Document Size:	43393

118 EDWARD T. COYNE et al. v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, VINCENT M. McDANIEL -- rank: 669

... by finding defendants' conduct was not palpably unreasonable pursuant to N.J.S.A. 59:4-2. That statute, in part, states: A public entity is liable ...

docket:	A4062-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-19
status:	published
citation:	366 N.J. Super. 578 841 A.2d 962
Document Size:	46823

119 MERCEDES AYBAR v. BOROUGH OF CARTERET, and DEPARTMENT OF PARKS AND RECREATION OF THE BOROUGH OF CARTERET - -- rank: 669

... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2 (emphasis added).] Thus, in order to succeed on a premises ... it faced a 'clash between two liability provisions,' i.e., N.J.S.A. 59:4-2(a) and N.J.S.A. 59:2-2's ... Id. at 457-58. The Court determined it should apply N.J.S.A. 59:4-2(a), the more stringent of the two standards, in order ... was said to have created a dangerous condition, pursuant to N.J.S.A. 59:4-2, when he locked the plaintiff in the park. Id. at ... in installing cones as a safety monitor were 'palpable unreasonable.' N.J.S.A. 59:4-2. A 'dangerous condition' 'means a condition of property that creates ...

docket:	a0317-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-22
status:	Unpublished
citation:
Document Size:	20690

120 EMILY MARSHALL v. RARITAN VALLEY DISPOSAL -- rank: 666

... e.g. , N.J.S.A. 59:2-2; cf. N.J.S.A. 59:4-2. Although the TCA provides a broad spectrum of immunities and ...

docket:	a2919-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	unpublished
citation:
Document Size:	79497