Search Rutgers Law Library N.J. Court Opinions

46 LINDA CLARK v. CITY OF WILDWOOD -- rank: 762

... Pickering, Jr. granted defendant's motion for summary judgment. Citing N.J.S.A. 59:4-2 and A-0110-21 5 Vincitore v. N.J. Sports ... Pickering's thorough written opinion. We add the following comments. N.J.S.A. 59:4-2 prescribes when a public entity may be liable for a ... was plaintiff's burden to establish the elements outlined under N.J.S.A. 59:4-2 to show defendant was liable for her injuries. We agree ...

docket:	a0110-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-09
status:	Unpublished
citation:
Document Size:	31897

47 WILLIAM MUHA v. KEAN UNIVERSITY -- rank: 762

... s act or omission proximately causes an injury, not TCA N.J.S.A. 59:4-2, which provides that a public entity may be liable when ... S.A. 59:2-2. Plaintiff also contends that if N.J.S.A. 59:4-2 applied, the trial court failed to recognize disputed issues of ... a public employee where the public employee is not liable. N.J.S.A. 59:4-2 provides that a public entity can be liable for an ... the failure to take such action was not palpably unreasonable." N.J.S.A. 59:4-2. "[W]hen the negligent activities of an employee involve the ... 2 must give way to the more exacting standards of N.J.S.A. 59:4-2." Ogborne , supra , 197 N.J. at 460. Moreover, "when the ... an injury, the higher standard of palpably unreasonable conduct in N.J.S.A. 59:4-2 operates to trump the ordinary negligence standard . . . ." Ibid. In ...

docket:	a5411-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	34907

48 LESLIE MARTINEZ-GOMEZ v. UNITED DOMINICANS OF PERTH AMBOY -- rank: 760

... Plaintiff alleges the Board is liable for her injuries under N.J.S.A. 59:4- 2(b). To sustain her claim, plaintiff must show: (1) that ... Brown, 86 N.J. 565, 575 (1981) (interpreting liability under N.J.S.A. 59:4-2(b)).] In order to be liable, 'a public entity had ... to have taken measures to protect against the dangerous condition.' N.J.S.A. 59:4-2(b). Actual notice and constructive notice are defined by N ...

docket:	a3095-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Unpublished
citation:
Document Size:	43141

49 ITALO GOMEZ v. CUMBERLAND USA, INC and MONTCLAIR STATE UNIVERSITY -- rank: 760

... a "dangerous condition" at the time of plaintiff's injury, N.J.S.A. 59:4-2, and (2) concluding it contracted for and assumed a legal ... 419 (2008))), certif. denied , 196 N.J. 461 (2008). 2 N.J.S.A. 59 :4-2 subjects a public entity to liability for an injury caused ... he dangerous condition[,] which is the predicate for liability under N.J.S.A. 59:4-2[,] must be . . . inherent in property owned or controlled by the ... 535 , 540 (App. Div. 1985))). We note the distinction between 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 ... the failure to take such action was not palpably unreasonable." N.J.S.A. 59:4-2. In defining "palpably unreasonable," the Court has concluded: "'[F] ...

docket:	a4420-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-12
status:	Published
citation:
Document Size:	34841

50 MICHAEL C. KAIN v. GLOUCESTER CITY -- rank: 758

... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] The municipal defendants state they are entitled to the plan ... attach. " Ibid. Thus, even if plaintiff satisfies the elements of N.J.S.A. 59:4-2, the explicit grant of immunity for design or plan under ... even if the plaintiff could satisfy all the elements of N.J.S.A. 59:4-2, he could only pursue this claim if his action was ... 245 (App. Div. 1998) (noting the general liability provision of N.J.S.A. 59:4-2 is "limited by the specific immunity sections"), certif. denied , 158 ...

docket:	a4854-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:	436 N.J.Super. 466 94 A.3d 937
Document Size:	46208

51 CINDY BOLGER v. CITY OF BAYONNE -- rank: 758

... protect against a dangerous condition of its property pursuant to N.J.S.A. 59:4-2 because the conditions precedent to the imposition of such liability ... s resource allocation determination was palpably unreasonable. III. Absent immunity, N.J.S.A. 59:4-2 governs the liability of a public entity for injuries resulting ... issue in this case as to whether the conditions of N.J.S.A. 59:4-2 have been met, and that the motion judge erred when ... specific activity. That conduct is relevant only to proximate causation, N.J.S.A. 59:4-2, and comparative fault, 365 N.J. Super. 1 , 5 (App ... precluding liability as a matter of law in this case. N.J.S.A. 59:4-2 requires that the dangerous condition be a proximate cause of ... existence of palpable unreasonableness, as with other elements of a N.J.S.A. 59:4-2 claim, is a question of fact for the jury. ...

docket:	a2215-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-23
status:	unpublished
citation:
Document Size:	66873

52 DANIEL MATTOS, v. PVT. PETER S. HOTALEN -- rank: 755

... of public property. Plaintiffs argued the DOT was liable under N.J.S.A. 59:4-2, because they can prove that: (1) the property was in ... The motion judge accepted plaintiffs' argument regarding the applicability of N.J.S.A. 59:4-2. Viewed through the lens of these statutory standards, the motion ... 59:2-4. Alternatively, the DOT argues that even if N.J.S.A. 59:4-2 applies, plaintiffs did not present sufficient competent evidence that the ... the motion judge erred in applying the statutory factors in N.J.S.A. 59:4-2, and dismiss plaintiffs' claims against the DOT as a matter ...

docket:	a4554-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-22
status:
citation:
Document Size:	25966

53 VICTOR N. ROCCO et al. v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., et al. -- rank: 753

... J.S.A. 59:4-1.] The liability provisions of N.J.S.A. 59:4-2 state: 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.] NJT argues that, absent proof of a broken or poorly ... the design defect represents a dangerous condition as prescribed by N.J.S.A. 59:4-2. Weiss v. New Jersey Transit , 128 N.J. 376 , 384 ... duty, subject to the palpably unreasonable standard set forth in N.J.S.A. 59:4-2, to make the premises safe or warn of the dangerous ... to establish a prima facie case of liability pursuant to N.J.S.A. 59:4-2. The dangerous condition was inherent in the design of the ... of public property, the palpably unreasonable standard set forth in N.J.S.A. 59:4-2 is used to determine liability for employees' acts. Pico ...

docket:	a4354-97
court:	njappellate
decided:	2000-04-25
status:	published
citation:	330 N.J.Super. 320
Document Size:	42343

54 ANGELA PRESTOL v. HENPAL REALTY ASSOCIATES LLC -- rank: 750

... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] 'A public entity shall be deemed to have actual notice ... 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:	a0633-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-23
status:	Unpublished
citation:
Document Size:	53143

55 JOAO ROCHA v. STATE OF NEW JERSEY -- rank: 750

... curb and concrete island did not constitute a "dangerous condition." N.J.S.A. 59:4-2(a). Third, they contended that their conduct was not "palpably unreasonable." N.J.S.A. 59:4-2. After setting forth the operative facts in detail, the judge ... 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 ... only arises when there is an underlying dangerous condition. See N.J.S.A. 59:4-2 (public entity not liable for a dangerous condition if its ...

docket:	a0616-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-02
status:	unpublished
citation:
Document Size:	35913

56 Donald T. Polzo, etc. v. County of Essex, et al. -- rank: 748

... arising from an alleged dangerous condition on public property. Specifically, N.J.S.A. 59:4-2 provides that, even if it is shown that a dangerous ... 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 ... and Robert Novack, Claims A gainst Public Entities , comment to N.J.S.A. 59:4-2 at 115-16 (Gann 2008) (same; citing cases)). This case ... to have taken measures to protect against the dangerous condition. [ N.J.S. A. 59:4-2.] The Tort Claims Act further explains that a public entity ...

docket:	a-69-07
court:
decided:	2008-12-03
status:
citation:	196 N.J. 569 960 A.2d 375
Document Size:	95134

57 ELIZABETH TYMCZYSZYN v. COLUMBUS GARDENS HOBOKEN HOUSING AUTHORITY -- rank: 748

... defendant created the dangerous condition that caused her to fall, N.J.S.A. 59:4-2(a), or had actual or constructive notice of the condition prior to the accident, N.J.S.A. 59:4-2(b). The court also found the actions taken by defendant ... Building upon this finding, the court addressed the applicability of N.J.S.A. 59:4-2(a), which renders a public entity liable if the dangerous ... The court next addressed the concept of constructive notice under N.J.S.A. 59:4-2(b). After reviewing a number of cases that discussed this ... Twp. , 365 N.J. Super. 1 , 5 (App. Div. 2003); N.J.S.A. 59:4-2(a). Whether a public employee created a dangerous condition through ...

docket:	a3544-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-30
status:	published
citation:	422 N.J. Super. 253 27 A.3d 1253
Document Size:	35698

58 Garrison v. Township of Middletown -- rank: 748

... that occurred, and that the condition proximately caused the injury. N.J.S.A. 59:4-2. Even then, the Act imposes no liability on a public ... the failure to take such action was not palpably unreasonable.” N.J.S.A. 59:4-2.     Essential to the determination of a public entity's tort ... requirement. That plaintiff's conduct relates also to proximate causation, N.J.S.A. 59:4-2, and comparative negligence, N.J.S.A. 59:9-4 ... specific conduct of the plaintiff in the litigation. For example, N.J.S.A. 59:4-2 imposes liability on a public entity based on a dangerous ... of action to address that condition was palpably unreasonable. See N.J.S.A. 59:4-2. Nevertheless, the Court's strained effort to define a "dangerous ... an element of a claim against a public entity under N.J.S.A. 59:4-2, proximate causation must be evaluated in the context of ...

docket:	a-12-97
court:	njsupreme
decided:	1998-07-07
status:
citation:	154 N.J. 282
Document Size:	90693

59 KAREN SMITH, Individually et al. v. FIREWORKS BY GIRONE, INC., and LEXINGTON INSURANCE COMPANY -- rank: 748

... not entitle Deptford to immunity under the Tort Claims Act, N.J.S.A. 59:4-2. Plaintiffs reached a settlement with Girone and Lexington. The nature ... foreseeably to injury, it is not insulated from liability under N.J.S.A. 59:4-2, even if the ultimate injury takes place off the public ... forseeably to injury, it is not insulated from liability under N.J.S.A. 59:4-2 even if the ultimate injury takes place off the public ...

docket:	a3312-01
court:	njappellate
decided:	2005-09-21
status:	published
citation:	380 N.J. Super. 273
Document Size:	138840

60 DIANE TIDER v. CITY OF JERSEY CITY -- rank: 745

... not "palpably unreasonable," as is required to be proven by N.J.S.A. 59:4-2. The judge acknowledged that the City delayed in effectuating a ... to establish a theory of liability in this case is N.J.S.A. 59:4-2, concerning dangerous conditions. The TCA defines a "dangerous condition" as ... was so extreme as to be "palpably unreasonable" conduct under N.J.S.A. 59:4-2. "[T]here can be no recovery [under N.J.S.A. 59:4-2] unless the action or inaction on the part of the ... J. 51 (2012), looked to the Task Force Comment on N.J.S.A. 59:4-2, in explaining the concept: This section recognizes the difficulties inherent ... Attorney General's Task Force on Sovereign Immunity comment on N.J.S.A. 59:4-2 (Gann 2011) (internal citations omitted)).] See also Schwartz v. ...

docket:	a3611-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	unpublished
citation:
Document Size:	44513