Search Rutgers Law Library N.J. Court Opinions

16 TERRY POLITO v. MILLBURN TOWNSHIP -- rank: 859

... branch fell amounted to "palpably unreasonable" conduct creating liability under N.J.S.A. 59:4-2. The trial court granted summary judgment to the municipal defendants ... well-settled case law definition of palpably unreasonable conduct under N.J.S.A. 59:4-2). I. A. We summarize the facts, viewing them in a ... the fallen branch did not constitute a dangerous condition under N.J.S.A. 59:4-2; (2) the municipal defendants lacked notice, either actual or constructive ... is subject to public-entity liability under the provisions of N.J.S.A. 59:4-2. See Lodato v. Evesham Twp. , 388 N.J. Super. 501 ... we look to the predicates for dangerous-condition liability under N.J.S.A. 59:4-2. N.J.S.A. 59:4-2 prescribes when a public entity may be liable for ...

docket:	a5923-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	63032

17 PATRICE M. GRZANKA VS KURT P. PFEIFER, ET AL -- rank: 856

... liable under the municipal property liability section of that Act, N.J.S.A. 59:4-2. The City claims it is not liable because it had no notice of the signal's malfunction.          N.J.S.A. 59:4-2 provides:             A public entity is liable for injury caused by ... and Brill , supra , at least three of the tests of N.J.S.A. 59:4-2 are met.     First, there was a possible "dangerous condition" at ... inferences ...." Id. at 194-95. The court found that, under N.J.S.A. 59:4-2, the plaintiff failed to prove it had exercised due care ... dangerous condition" status of the signal.         The second requirement of N.J.S.A. 59:4-2 is also met here. A possible proximate cause of the ... serious situation where both are green.     The third requirement of N.J.S.A. 59:4-2 is that the broken signal must have "created a ...

docket:	a5372-95
court:	njappellate
decided:	1997-06-03
status:	published
citation:	301 N.J.Super. 563
Document Size:	48605

18 PATRICE M. GRZANKA VS KURT P. PFEIFER, ET AL -- rank: 856

... liable under the municipal property liability section of that Act, N.J.S.A. 59:4-2. The City claims it is not liable because it had no notice of the signal's malfunction.          N.J.S.A. 59:4-2 provides:             A public entity is liable for injury caused by ... and Brill , supra , at least three of the tests of N.J.S.A. 59:4-2 are met.     First, there was a possible "dangerous condition" at ... inferences ...." Id. at 194-95. The court found that, under N.J.S.A. 59:4-2, the plaintiff failed to prove it had exercised due care ... dangerous condition" status of the signal.         The second requirement of N.J.S.A. 59:4-2 is also met here. A possible proximate cause of the ... serious situation where both are green.     The third requirement of N.J.S.A. 59:4-2 is that the broken signal must have "created a ...

docket:	a5766-95
court:	njappellate
decided:	1997-06-03
status:	published
citation:	301 N.J.Super. 563
Document Size:	48603

19 /usr/local/share/www/libweb/collections/courts/appellate/a4308-18.opn.html -- rank: 856

... 2003), NJT was not liable for Williams' bike accident under N.J.S.A. 59:4-2. The statute provides: A public entity is liable for injury ... establish a prima facie case of dangerous condition liability under N.J.S.A. 59:4-2 by proving the following five elements: 1. . . .The existence of ... property is used with due care in a foreseeable manner. N.J.S.A. 59:4-2; N.J.S.A. 59:4-1(a). 2. . . . Notice ... his/her inaction, allowed the dangerous condition to be created. N.J.S.A. 59:4-2; N.J.S.A. 59:4- 1(b); N.J ... 4-3. 3. . . . The defect proximately caused plaintiff's injury. N.J.S.A. 59:4-2. A-4308-18T3 11 4. . . . The kind of injury plaintiff sustained was a reasonably foreseeable risk of the condition. N.J.S.A. 59:4-2. 5. . . . [T]he action or inaction of the public ...

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20 DIANA ACEVEDO v. CITY OF MILLVILLE -- rank: 849

... for summary judgment, finding the City immune from liability under N.J.S.A. 59:4-2 because plaintiff failed to present sufficient evidence establishing the depression ... of N.J.S.A. 59:4-1(a) and N.J.S.A. 59:4-2. The court reasoned the street was intended for vehicular traffic ... of their property, but only based on limited circumstances. Under N.J.S.A. 59:4-2, a public entity has tort liability for injuries caused by ... the failure to take such action was not palpably unreasonable.' N.J.S.A. 59:4-2. A plaintiff asserting a tort claim against a public entity ... each of the elements of a cause of action under N.J.S.A. 59:4-2. Polzo, 209 N.J. at 66; see also Carroll v ... 366 N.J. Super. 380, 386 (App. Div. 2004) (explaining N.J.S.A. 59:4-2 'places the burden squarely on the plaintiff to prove ...

docket:	a0988-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-17
status:	Unpublished
citation:
Document Size:	28370

21 CIVALIER V. THE ESTATE OF MARGARET J. TRANCUCCI -- rank: 849

... absence of an ordinary traffic signal, a condition for which N.J.S.A. 59:4-2 or N.J.S.A. 59:4-4 (requiring emergency ...

docket:	a-93-93
court:	njsupreme
decided:	1994-10-20
status:
citation:	138 N.J. 52
Document Size:	93573

22 CHRISTIANNA PITCHER v. OCEAN RIDE -- rank: 841

... S.A. 59:2-2. The Ocean County defendants cite N.J.S.A. 59:4-2 in support of the contention that their actions should be ... public entities' liability for dangerous conditions of a public property. N.J.S.A. 59:4-2 states that a public entity is liable if a plaintiff ... 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 ... or road conditions and those entities' discretionary actions pursuant to N.J.S.A. 59:4-2 and 59:2-3. "A public employee is not liable ...

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

23 ROGER C. GATES v. COUNTY OF PASSAIC -- rank: 839

... Plaintiffs Cannot Satisfy The Prerequisites For Public Entity Liability Under N.J.S.A. 59:4-2. 1. Oak Ridge Road was not 'a dangerous condition' at ... d) and that its conduct was not palpably unreasonable under N.J.S.A. 59:4-2. Here, N.J.S.A. 59:2-3(d) does ... discretionary decisions; rather, the County made operational decisions. And under N.J.S.A. 59:4-2, a jury was required to resolve whether the County's ... 2-3(d) overlaps with the palpably unreasonable standard in N.J.S.A. 59:4-2. Brown, 86 N.J. at 579- 80. A-3436-19 ... a dangerous condition of public property is set forth in N.J.S.A. 59:4-2: A public entity is liable for injury caused by a ... jury in determining whether the County was palpably unreasonable under N.J.S.A. 59:4-2. 'To be palpably unreasonable, it must be action or ...

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

24 CATHERINE SCHMIDT v. CITY OF BAYONNE -- rank: 837

... establish a prima facie case of dangerous condition liability under N.J.S.A. 59:4-2. Accordingly, the judge did not rule on defendant's motion ... often covered by parked cars as required for liability under N.J.S.A. 59:4-2, inspection immunity under N.J.S.A. 59:2-6 ... Brown , 86 N.J. 565 , 578-79 (1981); c .f . N.J.S.A. 59:4-2 (the plaintiff has the burden of proving "palpable unreasonableness" to ... of a dangerous condition, was not palpably unreasonable, while under N.J.S.A. 59:4-2, the plaintiff must show that the entity's failure to ... plaintiff's proof of the remaining requirements for liability under N.J.S.A. 59:4-2 create genuine issues of material fact of whether the failure ... 3 or for failure to establish dangerous condition liability under N.J.S.A. 59:4-2. Reversed and remanded for further proceedings. The complaint also ...

docket:	A0467-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-21
status:	unpublished
citation:
Document Size:	65444

25 Donald T. Polzo, etc. v. County of Essex, et al. -- rank: 834

... arising from an alleged dangerous condition on public property. Specifically, N.J.S.A. 59:4-2(b) provides in part that a public entity will not ... have discovered the condition and its dangerous character.ā€ Finally, N.J.S.A. 59:4-2 provides that, even if it is shown that a dangerous ... the shoulder of the roadway were ā€œpalpably unreasonableā€ under N.J.S.A. 59:4-2. Identifying the same issues as the County, plaintiff reaches a ... Middletown , 154 N.J. 282 , 286 (1998)). For that reason, N.J.S.A. 59:4-2 establishes several elements that must coalesce before a public entity ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] Stated in a narrative, the relevant elements of a claim ... Margolis and Robert Novack, Claims Against Public Entities , comment to N.J.S.A. 59:4-2 at 115-16 (Gann 2008) (same; citing cases)). This ...

docket:	a-69-07
court:
decided:	2008-12-03
status:
citation:	196 N.J. 569
Document Size:	71655

26 I'ASIA MORELAND v. Estate of WILLIAM PARKS -- rank: 829

... rejected plaintiffs' contention that defendants could be held liable under N.J.S.A. 59:4-2 for injuries caused by a dangerous condition of public property ... entity for the dangerous condition of its property pursuant to N.J.S.A. 59:4-2, a plaintiff must establish there existed a 'dangerous condition,' that ... Sports & Exposition Auth., 169 N.J. 119, 125 (2001) (quoting N.J.S.A. 59:4-2). N.J.S.A. 59:4-1(a) defines a ...

docket:	a1645-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	53343

27 ROBIN M. DICKSON v. TOWNSHIP OF HAMILTON -- rank: 829

... dangerous condition existing on public property, which includes public roadways. N.J.S.A. 59:4-2. The statute states: A public entity is liable for injury ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] We concur with the Township's position that the motion ... is the predicate for liability of a public entity under N.J.S.A. 59:4-2[,] must be a dangerous condition inherent in property 'owned or ... only to property owned or controlled by the public entity. N.J.S.A. 59:4-2. Because the Township neither owned nor controlled Route 322, tort exposure pursuant to N.J.S.A. 59:4-2 cannot arise. Although the Township generally lacks liability regarding dangerous ... 4-7 does not contain the "public property" limitation of N.J.S.A. 59:4-2, 59:4-6, 59:4-8, and portions of ...

docket:	A0422-07
court:	NJ Superior Court Appellate Division
decided:	2008-05-15
status:	published
citation:	400 N.J.Super. 189
Document Size:	68762

28 /usr/local/share/www/libweb/collections/courts/appellate/a1560-19.opn.html -- rank: 827

... motion judge's consideration of his dangerous-condition claim under N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act, N.J.S ... failed to state a claim for dangerous-condition liability under N.J.S.A. 59:4-2. Granting defendants' motion in an oral decision, the motion judge ... fourth, and fifth prongs of a dangerous-condition claim under N.J.S.A. 59:4-2. The motion judge based that holding on her findings: 'a ... of property aris[ing] from a commercial lawn mower accident.' N.J.S.A. 59:4-2 'imposes liability on a public entity for [a dangerous] condition ... Pico v. State, 116 N.J. 55, 63 (1989) (quoting N.J.S.A. 59:4-2). N.J.S.A. 59:4-2 states a public entity is liable if a plaintiff ...

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29 DANIEL J. O'BRIEN v. NEW JERSEY TURNPIKE AUTHORITY -- rank: 819

... of fact regarding each element required to establish liability under N.J.S.A. 59:4-2. II. We 'review[] de novo the . . . entry of summary judgment ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] Thus, in order to succeed on a claim against a ...

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

30 PATRICIA SHILINSKY v. BOROUGH OF RIDGEFIELD -- rank: 817

... J. 3 , 10 (2002)). "The relevant statutory provision here is N.J.S.A. 59:4-2, which addresses a dangerous condition of public property." Ibid . That ... the failure to take such action was not palpably unreasonable . [ N.J.S.A. 59:4-2 (emphasis added).] Thus, under the TCA, plaintiff was required, first ... the dangerous condition can be deemed 'palpably unreasonable.'" Ibid. (quoting N.J.S.A. 59:4-2). "Plaintiff bears the burden of proving that [Ridgefield] acted in ... roadway, not in a crosswalk, was not palpably unreasonable" under N.J.S.A. 59:4-2. The court also ruled that the depression on Abbott Avenue ... Cty. of Essex , 196 N.J. 569 , 585 (2008) (quoting N.J.S.A. 59:4-2).] We agree with the trial court that Ridgefield's inaction ... at 77 (quoting N.J.S.A. 39:1-1). N.J.S.A. 59:4-2 "recognizes the difficulties inherent in a public entity's ...

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