Search Rutgers Law Library N.J. Court Opinions

31 Fluehr v. City of Cape May -- rank: 814

... when "the injury was proximately caused by the dangerous condition." N.J.S.A. 59:4-2.     It is indisputable that in providing for liability caused by the dangerous condition of property under N.J.S.A. 59:4-2, the Legislature contemplated that principles of comparative negligence would apply ...

docket:	a-136-97
court:	njsupreme
decided:	1999-05-26
status:
citation:	159 N.J. 532
Document Size:	98800

32 MONIQUE RAYMOND v. NEW JERSEY DEPARTMENT OF TRANSPORTATION -- rank: 809

... the TCA; 2) plaintiff failed to state a claim under N.J.S.A. 59:4-2 for an alleged dangerous condition; and 3) plaintiff failed to ... however, that plaintiff failed to satisfy the notice requirements under N.J.S.A. 59:4-2. Specifically, the court explained that there was no evidence to ... relieved of her obligation to establish notice as required under N.J.S.A. 59:4-2. This appeal followed. Before us, plaintiff challenges the court's ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] Thus, in order to succeed on a premises liability claim ... of notice, to establish liability against a public entity under N.J.S.A. 59:4-2, a plaintiff must establish a prima facie case that the ...

docket:	a4200-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	46427

33 JOSEPH M. SHAY JR., ET AL. VS. HOLMDEL TOWNSHIP BOARD OF EDUCATION, ET AL. VS. LAURA SHAY, ET AL. -- rank: 807

... that the unsecured playground was not a dangerous condition under N.J.S.A. 59:4-2. She further A-1289-22 3 concluded that the 'palpably unreasonable' standard under N.J.S.A. 59:4-2, and not the 'ordinary negligence' standard in N.J.S ... appeal, plaintiff argues the heightened palpably unreasonable standard, found in N.J.S.A. 59:4-2, is inapplicable to his claims and the ordinary negligence standard ... prima facie evidence that defendants' conduct was palpably unreasonable. See N.J.S.A. 59:4-2. Defendants also asserted plaintiff failed to meet the injury threshold ... of satisfying each element of a cause of action under N.J.S.A. 59:4-2. Polzo, 209 N.J. at 66; Carroll v. N.J ... Transit, 366 N.J. Super. 380, 386 (App. Div. 2004) ('[N.J.S.A. 59:4-2(a) - (b)] places the burden squarely on the plaintiff ...

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status:	Unpublished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

34 Coyne v. State of New Jersey, Department of Transportation -- rank: 804

... the context of a discrete analytical framework:     To recover under N.J.S.A. 59:4-2, the Act’s general liability section, a plaintiff must show ... also have made clear that the “exercise of . . . discretion” in N.J.S.A. 59:4-2. Although the exercise of some discretion may still be involved ...

docket:	a-1-04
court:	njsupreme
decided:	2005-03-02
status:
citation:	182 N.J. 481
Document Size:	49813

35 Marcinczyk v. State of New Jersey Police Training Commission -- rank: 802

... public employee or any other person”) (footnote omitted); but see N.J.S.A. 59:4-2 (“A public entity is liable for injury caused by ... asserted liability based on the “dangerous condition” of property, N.J.S.A. 59:4-2, he has abandoned any claims arising from the theory of ...

docket:	a-19-09
court:	New Jersey Supreme Court
decided:	2010-10-18
status:
citation:
Document Size:	74667

36 CHANTAL BAUDOUIN v. THE NEW JERSEY TURNPIKE AUTHORITY -- rank: 802

... summary judgement and dismissed the plaintiffs' claims as barred under N.J.S.A. 59:4-2(b) of the Tort Claims Act (TCA), N.J.S ... to have taken measures to protect against this dangerous condition." N.J.S.A. 59:4-2(b). We review a trial court's decision to grant ... court properly dismissed the complaints against this public entity under N.J.S.A. 59:4-2(b). I The motor vehicle incident report prepared by the ... J. 520 , and codified in Rule 4:46-2(c), N.J.S.A. 59:4-2 governs whether a matter is ripe for summary judgment under ... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2 (emphasis added).] The TCA defines "d angerous condition" as "a ... of the base of the tree[.]" Subjecting this question to N.J.S.A. 59:4-2(b), the judge rejected "out of hand" the claim ...

docket:	a3903-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-01
status:	unpublished
citation:
Document Size:	60402

37 MARC J. MIGNANO v. JIM SULLIVAN, INC. -- rank: 802

... the TCA," by maintaining a dangerous condition on public property, N.J.S.A. 59:4-2, or "for creating a hazardous condition on the property of ...

docket:	a2995-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	125617

38 KASIE VANMETER v. BRITTANY PIERCE -- rank: 797

... TCA governs actions against governmental entities and public employees. Specifically, N.J.S.A. 59:4-2 deals with governmental liability for injuries caused by "dangerous conditions ... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] Even if all of these elements are satisfied, liability will ... N.J.S.A. 59:3-2(d), and not N.J.S.A. 59:4-2, is sometimes confounding. See Margolis & Novak, Claims Against Public Entities ... d), N.J.S.A. 59:3-2(d), and N.J.S.A. 59:4-2. The conflation of the concepts by the trial court, albeit ...

docket:	a2715-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	42567

39 MICHAEL J. CONNER v. TOWNSHIP OF EAST BRUNSWICK -- rank: 797

... in ruling that the Township is immune from liability under N.J.S.A. 59:4-2 and N.J.S.A. 59:2-3 by not ... summary judgment should not have been granted because he satisfied N.J.S.A. 59:4-2 by showing that the Township: was aware of the foreseeable ... not to remove the tree was "palpably unreasonable" conduct under N.J.S.A. 59:4-2 is a fact-sensitive inquiry for the jury or factfinder ... App. Div. 1979), certif. denied , 82 N.J. 300 (1980). N.J.S.A. 59:4-2 states that a public entity is liable if a plaintiff ... notice of a dangerous condition by a public entity under N.J.S.A. 59:4-2 occurs "only if the plaintiff establishes that the condition had ... of notice, to establish liability against a public entity under N.J.S.A. 59:4-2, a plaintiff must establish a prima facie case that ...

docket:	a1592-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	38268

40 JOHN SEALS v. COUNTY OF MORRIS -- rank: 797

... in the context of potential plan and design immunity under N.J.S.A. 59:4-2, Contey , supra , 136 N.J. at 589-91, and without ...

docket:	a5433-08
court:	superior court appellate division
decided:	2010-11-24
status:	published
citation:	417 N.J.Super. 74 8 A.3d 796
Document Size:	84750

41 THOMAS C. HAYNES v. STATE OF NEW JERSEY -- rank: 792

... the Law Division granted summary judgment on the basis of N.J.S.A. 59:4-2, finding that Canales's "decision to drive in the early ... TCA governs actions against governmental entities and public employees. Specifically, N.J.S.A. 59:4-2 deals with governmental liability for injuries caused by "dangerous conditions ... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] Even if all of these elements are satisfied, liability will ... condition. Ibid. ; Margolis & Novak, Claims Against Public Entities , comment on N.J.S.A. 59:4-2, at 126 (Gann 2011) ( N.J.S.A. 59:4-2 "applies only where a dangerous condition of the property itself ... the Act. Id. at 49; Margolis & Novak, supra , comment on N.J.S.A. 59:4-2 at 129 ("[A]bsent a defect in the public ...

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

42 ORNELLA RODOLICO v. TOTOWA WASHINGTON BOROUGH -- rank: 777

... opinion from the bench, granted defendants' motion. The judge, citing N.J.S.A. 59:4-2, held there was no evidence in the record that demonstrated ... DETERMINING THAT [ORNELLA] DID NOT MEET THE STATUTORY REQUIREMENTS OF N.J.S.A. 59:4-2, ET SEQ. Point IiI THE TRIAL COURT ERRED IN FINDING ... to have taken measures to protect against the dangerous condition." N.J.S.A. 59:4-2(a) and (b). As the Court has repeatedly stated, [I ... order to impose liability on a public entity pursuant to [ N.J.S.A. 59:4-2], a plaintiff must establish the existence of a "dangerous condition ... Sports & Exposition Auth. , 169 N.J. 119 , 125 (2001) (quoting N.J.S.A. 59:4-2).] "Th[e]se requirements are accretive; if one or more ... the failure to take such action was not palpably unreasonable." N.J.S.A. 59:4-2. "Palpably unreasonable" conduct contemplates more than mere negligence. Coyne ...

docket:	a4140-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-31
status:	published
citation:
Document Size:	47039

43 WILLIAM E. COFFEY, III v. 46 4th STREET, LLC -- rank: 777

... failed to state a claim for public entity liability under N.J.S.A. 59:4-2 for injuries caused by a dangerous condition of property. On ... 335, 345 (2019) (quoting Coyne, 182 N.J. at 488). N.J.S.A. 59:4-2 addresses a dangerous condition of public property and provides as ... Sports & Exposition Auth., 169 N.J. 119, 125 (2001) (quoting N.J.S.A. 59:4-2).] A-0131-22 14 Under the TCA, a public entity ... Parkway, 249 N.J. 642, 656 (2022) (citation omitted) (quoting N.J.S.A. 59:4-2).] II. In this appeal, consistent with the judge's opinion ... the condition' and whether defendant’s conduct was 'palpably unreasonable.' N.J.S.A. 59:4-2. We also address plaintiff's argument that he suffered a ... by any 'palpably unreasonable' action or omission by the Borough, N.J.S.A. 59:4-2; (3) Nolte’s report constituted an inadmissible net opinion; ...

docket:	a0131-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-06
status:	Unpublished
citation:
Document Size:	54569

44 JODY VERDI v. BOROUGH OF HOPATCONG -- rank: 770

... the failure to guard against it was palpably unreasonable. See N.J.S.A. 59:4-2. 16 The TCA also contains a provision, N.J.S ...

docket:	a2438-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-19
status:	unpublished
citation:
Document Size:	55718

45 BRYCE PATRICK v. CITY OF ELIZABETH -- rank: 762

... proofs of the existence of a dangerous condition required under N.J.S.A. 59:4-2 to impose liability. There was no authority presented that a ... v. N.J. Transit , 128 N.J. 376 , 380 (1992)). N.J.S.A. 59:4-2 provides in pertinent part that [a] public entity is liable ... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] N.J.S.A. 59:4-1 states that a ... the failure to take such action was not palpably unreasonable." N.J.S.A. 59:4-2. "[P]alpably unreasonable implies behavior that is patently unacceptable under ... should be analyzed solely under dangerous condition principles pursuant to N.J.S.A. 59:4-2. 5 We disagree. Although N.J.S.A. 59:4 ... the TCA, there must be ownership of the pertinent property. N.J.S.A. 59:4-2 provides in part that a "public entity is liable ...

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