Search Rutgers Law Library N.J. Court Opinions

136 SHIRLEY J. PRESS v. BOROUGH OF POINT PLEASANT BEACH, and JERSEY CENTRAL POWER and LIGHT CO. -- rank: 656

... the motion for reconsideration on January 18, 2008. See also N.J.S.A. 59:4-2 and N.J.S.A. 59:4-3. We base ... S.A. 59:1-2. The Act further states at N.J.S.A. 59:4-2 that a public entity may be held liable under the ... interpretation of the Act and the Commission's Comment to N.J.S.A. 59:4-2 that "'recognize[d] the difficulties inherent in a public entity ...

docket:	a2807-07
court:	superior court appellate division
decided:	2010-01-28
status:	Unpublished
citation:
Document Size:	71621

137 /usr/local/share/www/libweb/collections/courts/appellate/a4133-08a4430-08a4629-08.opn.html -- rank: 651

... 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 ... give way to the more stringent "palpably unreasonable" standard of N.J.S.A. 59:4-2 when a public employee's negligent conduct causes the plaintiff ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	63770

138 JULIAN RAMSEY v. LINDENWOLD BOROUGH -- rank: 651

... App. Div. 1978), aff'd , 79 N.J. 547 (1979)). N.J.S.A. 59:4-2 permits public liability for injury proximately caused by a condition ...

docket:	a1092-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-23
status:	unpublished
citation:
Document Size:	40919

139 FATIMA BOROVSKAIA v. BOARD OF EDUCATION OF PERTH AMBOY -- rank: 649

... like circumstances." N.J.S.A. 59:2-2(a). N.J.S.A. 59:4-2 proscribes that a public entity is liable if a plaintiff ... the failure to take such action was not palpably unreasonable." N.J.S.A. 59:4-2. The heightened "palpably unreasonable" standard applies to dangerous conditions of ... Novack, Claims Against Public Entities , 1972 Task Force Comment on N.J.S.A. 59:4-2 (2016). Although the statute has been broadly applied, it is ...

docket:	a2929-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	unpublished
citation:
Document Size:	30521

140 LOUELLA FRISON v. A-1 LIMOUSINE, INC. -- rank: 644

... N.J.S.A. 59:1-1 to 12-3. N.J.S.A. 59:4-2 provides that a public entity is liable if a plaintiff ... the failure to take such action was not palpably unreasonable.' N.J.S.A. 59:4-2. The heightened 'palpably unreasonable' standard applies to dangerous conditions of ... Novack, Claims Against Public Entities, 1972 Task Force Comment on N.J.S.A. 59:4-2 (2016). Although the statute has been broadly applied, it is ...

docket:	a0763-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-21
status:	unpublished
citation:
Document Size:	31021

141 JAMES G. GRIFFIN, SR. v. MARCIE G. ZAGE -- rank: 644

... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] The plaintiff must also establish that the action the entity ...

docket:	a6123-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	48266

142 JAMES G. GRIFFIN, SR. v. MARCIE G. ZAGE -- rank: 644

... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] The plaintiff must also establish that the action the entity ...

docket:	a0106-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	48998

143 RENE ALICEA v. CITY OF PATERSON -- rank: 641

... s property contained a known dangerous condition, causing his injury. N.J.S.A. 59:4-2. A public entity is liable for injuries caused by an ... the types of conditions resulting in public entity liability, namely N.J.S.A. 59:4-2(a), which speaks of a public employee's negligent act or omission that affirmatively creates a dangerous condition, and N.J.S.A. 59:4-2(b), which speaks of a public entity that is on ... that it could have "taken measures to protect against [it]." N.J.S.A. 59:4-2(b). If shown, we also must analyze whether the entity ... the dangerous condition falls within the definition of "palpably unreasonable." N.J.S.A. 59:4-2. See also Polzo , supra , 209 N.J. at 65-66 ... 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:	a3836-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-11
status:	unpublished
citation:
Document Size:	32572

144 DIANA CHAMBERLAIN v. CITY OF WILDWOOD -- rank: 641

... 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 ... foreseeably to injury, it is not insulated from liability under N.J.S.A. 59:4-2. . . .'" Seals v. Cnty. of Morris , 210 N.J. 157 , 179 ... J. at 67. "The term 'palpably unreasonable'--as used in N.J.S.A. 59:4-2--'implies behavior that is patently unacceptable under any given circumstance ... a reasonably foreseeable risk" of a fall by a pedestrian. N.J.S.A. 59:4-2. "Only if plaintiff can prove these elements do we turn ... against [it.]'" Polzo supra , 209 N.J. at 66 (quoting N.J.S.A. 59:4-2(b)). Further, "if plaintiff has met all of these elements ... the dangerous condition can be deemed 'palpably unreasonable.'" Ibid. (quoting N.J.S.A. 59:4-2). When viewed in the light most favorable to plaintiff, ...

docket:	a3424-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	unpublished
citation:
Document Size:	27189

145 JEFF VANNOTE v. HOUSING AUTHORITY OF HOBOKEN -- rank: 639

... not establish the elements of a cause of action under N.J.S.A. 59:4- -2. 7 A-1841-21 Viewing the undisputed facts on the ... foreseeable risk of the kind of injury which was incurred.' N.J.S.A. 59:4-2. The judge found, however, that the evidence in the record ... 445-46 (2007) (quoting Brill, 142 N.J. at 536). N.J.S.A. 59:4-2 addresses a dangerous condition of public property and provides as ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] Thus to impose liability on a public entity pursuant to ... Sports & Exposition Auth., 169 N.J. 119, 125 (2001) (quoting N.J.S.A. 59:4-2).] Our Supreme Court has recently reiterated that '[t]hese elements ... on actual or constructive notice.' Id. at 67-68 (citing N.J.S.A. 59:4-2(a) and (b)). 14 A-1841-21 The only ' ...

docket:	a1841-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-18
status:	Unpublished
citation:
Document Size:	29592

146 BRIJAL SONI v. TOWNSHIP OF WOODBRIDGE -- rank: 639

... s liability for (1) a dangerous condition of public property, N.J.S.A. 59:4-2; (2) failure to provide emergency warning devices, N.J.S ...

docket:	a4483-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-06
status:	unpublished
citation:
Document Size:	22074

147 DANIEL MARTINEZ, v. CITY OF ELIZABETH BOARD OF EDUCATION -- rank: 639

... an injury caused by a dangerous condition of its property, N.J.S.A. 59:4-2, or an injury caused by its failure to provide emergency ... succeed in this claim, plaintiff must satisfy the requirements of N.J.S.A. 59:4-2, which states: A public entity is liable for injury caused ... sufficient time prior to the injury to eliminate the danger. N.J.S.A. 59:4-2(a)-(b); see also Carroll v. N.J. Transit, 366 ... inaction with respect to the dangerous condition was palpably unreasonable. N.J.S.A. 59:4-2; see also Garrison, 154 N.J. at 286. Considering these ...

docket:	a1053-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-03
status:	Unpublished
citation:
Document Size:	23050

148 JOSE CONTRERAS MORALES v. SUSSEX COUNTY COMMUNITY COLLEGE -- rank: 639

... also held that plaintiff could not sustain a claim under N.J.S.A. 59:4-2 based on a dangerous condition of SCCC's property. The ... dangerous condition on its premises. This claim is governed by N.J.S.A. 59:4-2, which provides as follows: A public entity is liable for ...

docket:	a0305-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-30
status:	unpublished
citation:
Document Size:	37590

149 ANTHONY CONFORTI v. MARIUSZ KANTOROWSKI -- rank: 637

... the elements of a dangerous condition within the meaning of N.J.S.A. 59:4-2. Plaintiffs opposed the motion, arguing that weather immu­nity did ... urged that they had satisfied each of the requirements of N.J.S.A. 59:4-2. They asserted that weather immunity did not apply because Anthony ... caused the dangerous condition leading to the accident. As to N.J.S.A. 59:4-2, plaintiffs argued that palpable unreasonableness was a question of fact ...

docket:	a3013-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-15
status:	unpublished
citation:
Document Size:	27793

150 MADHAVI PANDYA, et al. v. STATE OF NEW JERSEY and DEPARTMENT OF TRANSPORTATION -- rank: 637

... N.J. 119 , 124 (2001). One of those exceptions is N.J.S.A. 59:4-2, the Act's general liability section. To recover under 100 ... grant summary judgment to the State on the ground of N.J.S.A. 59:4-2, so as to preclude summary judgment against them. The DOT ... The most difficult hurdle to plaintiffs' proof of liability under N.J.S.A. 59:4-2 may well be in establishing that the DOT's creation ...

docket:	A0813-03
court:	NJ Superior Court Appellate Division
decided:	2005-02-28
status:	published
citation:	375 N.J. Super. 353 867 A.2d 123
Document Size:	45436