Search Rutgers Law Library N.J. Court Opinions

121 CAROLYNN HILLMAN v. TOWNSHIP OF MONTCLAIR AND LUIZ MENDEZ1 AND JUDY VELLA - -- rank: 666

... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] Actual notice will be found if a claimant proves the ... the Township's action or inaction was palpably unreasonable under N.J.S.A. 59:4-2. That issue may be addressed through motion practice or at ...

docket:	a1653-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-03
status:	unpublished
citation:
Document Size:	36112

122 SANDRA ROENING v. CITY OF ATLANTIC CITY -- rank: 666

... Auth., 131 N.J. 124, 136 (1993). Through enactment of N.J.S.A. 59:4-2, our Legislature waived public entity immunity for injuries caused by ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] N.J.S.A. 59:4-1(a) defines a ...

docket:	a1369-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Unpublished
citation:
Document Size:	28670

123 CAROLYNN HILLMAN v. TOWNSHIP OF MONTCLAIR -- rank: 666

... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] Actual notice will be found if a claimant proves the ... the Township's action or inaction was palpably unreasonable under N.J.S.A. 59:4-2. That issue may be addressed through motion practice or at ...

docket:	a1652-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-03
status:	unpublished
citation:
Document Size:	36078

124 MELISSA GUERRA v. TOWNSHIP OF LYNDHURST -- rank: 664

... contained a "dangerous condition" of the property as required in N.J.S.A. 59:4-2. Plaintiff appeals from that order, arguing that a jury should ... TCA's provision regarding a dangerous condition of public property. N.J.S.A. 59:4-2 provides: A public entity is liable for injury caused by ... 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 ... location did not take the case outside the language of N.J.S.A. 59:4-2. Smith , supra , 180 N.J. at 213-17. The focus ... that plaintiff could not prove all the required elements of N.J.S.A. 59:4-2, specifically, a dangerous condition of the property. The clearly ...

docket:	a3386-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-29
status:	unpublished
citation:
Document Size:	31470

125 MARC RUSSI v. CITY OF NEWARK -- rank: 664

... City and the County, as public entities, are liable under N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act (TCA). As to ... limb was not on the County's property. Plaintiff argues N.J.S.A. 59:4-2 applied to the County. To trigger the statute, plaintiff must ... the TCA, there must be ownership of the pertinent property.'). N.J.S.A. 59:4-2 provides '[a] public entity is liable for injury caused by ... the County is not liable for plaintiff's injuries under N.J.S.A. 59:4-2 because it did not own or control the property where ... of either public entity could be deemed 'palpably unreasonable' under N.J.S.A. 59:4-2. Affirmed. A-1064-20 10 This archive is a service ...

docket:	a1064-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-17
status:	Published
citation:
Document Size:	18333

126 NATASHA E. HERBST v. TOWNSHIP OF EAST BRUNSWICK -- rank: 664

... clearly capable of producing an unjust result. II. Absent immunity, N.J.S.A. 59:4-2 governs the liability of a public entity for injuries resulting ...

docket:	a0714-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-24
status:	unpublished
citation:
Document Size:	21211

127 Earl Posey, Jr. v. Bordentown Sewerage Authority -- rank: 661

... Township and the County should be liable under the TCA, N.J.S.A. 59:4-2. That the pond was not owned by the Township or ... rule of immunity relevant to this case is found in N.J.S.A. 59:4-2, which covers dangerous conditions on public property. That statute provides ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] The TCA defines “public property” as property that is “owned ... Super. at 603 (stating that “[t]he word 'controlled' in N.J.S.A. 59:4-2 to property not in the possessory control of the State ... joint-constructive possession is sufficient to satisfy the requirements of N.J.S.A. 59:4-2. Here, the public entities treated the pond as if they ... may be liable for creating a nuisance under the TCA, N.J.S.A. 59:4-2. In an action for nuisance, a public entity may ...

docket:	a-98-00
court:	njsupreme
decided:	2002-03-18
status:
citation:	171 N.J. 172
Document Size:	58275

128 /usr/local/share/www/libweb/collections/courts/appellate/a4505-18.opn.html -- rank: 661

... acted in a 'palpably unreasonable' manner within the meaning of N.J.S.A. 59:4-2, even if the nail was a dangerous condition. On May ... Auth., 131 N.J. 124, 136 (1993). Through enactment of N.J.S.A. 59:4-2, a provision of the TCA, the Legislature waived public entity ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] A-4505-18T3 7 N.J.S.A. 59:4 ...

docket:
court:
decided:
status:
citation:
Document Size:	18632

129 KRISTINA MOFFATT v. PARSIPPANY TROY HILLS BOARD OF EDUCATION -- rank: 661

... Act (TCA), N.J.S.A. 59:2-3 and N.J.S.A. 59:4-2.2 Following oral argument on March 31, 2017, the court ... The court did not address the factors set forth in N.J.S.A. 59:4-2. 2 Plaintiff filed a cross-motion for partial summary judgment ... the broken concrete curbing created a dangerous condition pursuant to N.J.S.A. 59:4-2, which the court did not address. Further, plaintiff contends the ... the broken concrete curbing created a dangerous condition pursuant to N.J.S.A. 59:4-2, which provides: A public entity is liable for injury caused ... failing to analyze the viability of those claims pursuant to N.J.S.A 59:4-2. Because we determine that common law immunity does not bar ... to determine the viability of plaintiff's claims pursuant to N.J.S.A. 59:4-2. See Allstate Ins. Co. v. Fisher, 408 N.J. ...

docket:	a3725-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-16
status:	Unpublished
citation:
Document Size:	20563

130 JOAN M. KENNY v. BRIDGEWATER GOLDEN EAGLES -- rank: 656

... v. N. J. Transit , 128 N.J. 376 , 380 (1992)). N.J.S.A. 59:4-2 permits liability for an injury caused by a dangerous condition ... occurred under circumstances giving rise to dangerous condition liability under N.J.S.A. 59:4-2 need not be addressed. Additionally, the trial judge granted the ...

docket:	a3571-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-06
status:	unpublished
citation:
Document Size:	29849

131 VIRGINIA L. MCGRATH v. UNION AVENUE ELEMENTARY SCHOOL -- rank: 656

... Board had actual or constructive notice of the dangerous condition. N.J.S.A. 59:4-2. The late Judge Allen J. Littlefield agreed. 2 He stated ... as a matter of law." R. 4:46-2(c). N.J.S.A. 59:4-2 prescribes when a public entity may be liable for a ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] The Act also defines actual and constructive notice: a. A ... s action or failure to act was not palpably unreasonable, N.J.S.A. 59:4-2; and plaintiff failed to suffer the requisite injury to entitle ...

docket:	a3622-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-17
status:	unpublished
citation:
Document Size:	24972

132 LUZ CRUZ v. CAMDEN COUNTY -- rank: 656

... Dep't of Transp., 182 N.J. 481, 488 (2005))). N.J.S.A. 59:4-2 'creates public liability for dangerous conditions on public property.' Manna ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] Thus, for liability to attach, a plaintiff must establish: 1 ... Sports & Expo. Auth., 169 N.J. 119, 125 (2001) (quoting N.J.S.A. 59:4-2). The 'plaintiff bears the burden of proving that [the County ... to take such action was not palpably unreasonable. '' Ibid. (quoting N.J.S.A. 59:4-2). The TCA recognizes that 'the area within which government has ...

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

133 THOMAS DAVENPORT VS BOROUGH OF CLOSTER -- rank: 656

... 1 Task Force Comment). Plaintiff seeks to impose liability under N.J.S.A. 59:4-2.     On February 1, 1994, plaintiff fell on accumulated snow and ... argues that he has stated a cause of action under N.J.S.A. 59:4-2, which states:          A public entity is liable for injury caused ... the Court held that the immunity barred plaintiffs' claims under N.J.S.A. 59:4-2. Id. at 413-15.     The Rochinsky Court did, however, discuss ...

docket:	a1937-95
court:	njappellate
decided:	1996-11-08
status:	published
citation:	294 N.J.Super. 635
Document Size:	22227

134 ALYSSA MOLCHO v. TOWNSHIP OF OCEAN -- rank: 656

... not establish the elements of a cause of action under N.J.S.A. 59:4-2. The judge A-2264-21 5 found plaintiff had failed ... foreseeable risk of the kind of injury which was incurred.' N.J.S.A. 59:4-2. The judge found, however, that plaintiff could not establish either ... due care, to have discovered and corrected the dangerous condition. N.J.S.A. 59:4-2(b); N.J.S.A. 59:4-3(b). Finally ... or to have repaved the road sooner was palpably unreasonable. N.J.S.A. 59:4-2. Plaintiff appeals, contending the trial court's view that plaintiff ... the statute. Plaintiff also contends the 'palpably unreasonable' standard of N.J.S.A. 59:4-2 'does not apply' here. She reasons the Township 'can hardly ... Ins. Co. of Am., 142 N.J. 520, 536 (1995)). N.J.S.A. 59:4-2 of the Tort Claims Act addresses a dangerous condition ...

docket:	a2264-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	22065

135 ANDREW J. BUTERBAUGH v. TOWNSHIP OF READINGTON -- rank: 656

... the alleged dangerous condition was "palpably unreasonable" as required by N.J.S.A. 59:4-2. The court also further concluded that there was no genuine ... upon the Township here based upon the liability provision of N.J.S.A. 59:4-2, which provides in pertinent part: A public entity is liable ... to have taken measures to protect against the dangerous condition. N.J.S.A. 59:4-2 provides further that liability may not be imposed for a ... a dangerous condition within the meaning of subsection b. of [ N.J.S.A. ] 59:4-2 if it had actual knowledge of the existence of the ... a dangerous condition within the meaning of subsection b. of [ N.J.S.A. ] 59:4-2 only if the plaintiff establishes that the condition had existed ... show liability could be imposed upon the Township pursuant to N.J.S.A. 59:4-2. In light of this conclusion, we need not address ...

docket:	a2431-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	22262