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61 SANDRA FELDMAN v. THE MAPLE GROUP, LLC. -- rank: 745

... was a dangerous condition of public property as defined by N.J.S.A. 59:4-2. The judge acknowledged that the question as to whether public ... considered whether the conduct of Summit was palpably unreasonable under N.J.S.A. 59:4-2. She again acknowl­edged that this was generally a jury ... in public property, the liability of Summit is governed by N.J.S.A. 59:4-2, which provides: A public entity is liable for injury caused ... presence in the sidewalks was not palpa­bly unreasonable under N.J.S.A. 59:4-2. See , e.g. , Vincitore , supra , 169 N.J. at 130 ... notice to Summit of the dangerous condition as required by N.J.S.A. 59:4-2(b) and ten or more months between notice and accident ...

docket:	a3429-06_1
court:	NJ Superior Court Appellate Division
decided:	2008-02-11
status:	unpublished
citation:
Document Size:	81916

62 ROBERT DIMATTIES, JR v. SOMERDALE PARK SCHOOL -- rank: 743

... is one that would impose liability, as required by Kahrar . N.J.S.A. 59:4-2 provides as follows: A public entity is liable for injury ... has presented a prima facie case for liability pursuant to N.J.S.A. 59:4-2(a) or (b). Defendants argue that liability cannot be established ... standards. To make a prima facie case of liability under N.J.S.A. 59:4-2(b), a plaintiff must demonstrate that: (1) the injury was ... condition" are at issue, the plaintiff must prove, pursuant to N.J.S.A. 59:4-2, that those steps were "palpably unreasonable," a term not specifically ... an injury, the higher standard of palpably unreasonable conduct in N.J.S.A. 59:4-2 operates to trump the ordinary negligence standard." Ogborne , supra , 197 ...

docket:	a3769-08
court:	NJ Superior Court Appellate Division
decided:	2010-04-08
status:	unpublished
citation:
Document Size:	46496

63 MIRIAM L. CHICAS v. TOWN OF KEARNY -- rank: 740

... case, the court used the 'palpably unreasonable' standard based on N.J.S.A. 59:4-2, which deals with public entities' liability for dangerous conditions on ... Novack, Claims Against Public Entities, 1972 Task Force Comment on N.J.S.A. 59:4-2 (2016)). While N.J.S.A. 59:4-2 has been applied broadly, it nevertheless is limited to situations ... conditions. Accordingly, the heightened 'palpably unreasonable' standard set forth in N.J.S.A. 59:4-2 is inapplicable. Rather, in accord with N.J.S.A ...

docket:	a1248-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-10
status:	Unpublished
citation:
Document Size:	43077

64 Thomas J. Stewart v. New Jersey Turnpike Authority -- rank: 738

... appeal, the Court considers whether plaintiffs’ premises liability claim under N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act (TCA) should survive ... as to any of the required elements for negligence under N.J.S.A. 59:4-2. Accordingly, the trial court found that the Authority was entitled ... requires us to determine whether plaintiffs’ premises liability claim under N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act (TCA), N.J ... as to any of the required elements for negligence under N.J.S.A. 59:4-2. Accordingly, the trial court found that the Authority was entitled ... palpably unreasonable.” [Vincitore, 169 N.J. at 125 (quoting N.J.S.A. 59:4-2).] These elements are “accretive; if one or more of ...

docket:	a-61-20
court:	NJ Supreme Court
decided:	2022-02-09
status:
citation:
Document Size:	41379

65 Vincitore v. New Jersey Sports and Exposition Authority -- rank: 733

... issue in this matter was a “dangerous condition” pursuant to N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act (Act).     The decedent ... that the railroad crossing met the “dangerous condition” requirement of N.J.S.A. 59:4-2, and the further requirement that the dangerous condition, rather than ... to 6 ). 2.    To impose liability on a public entity, N.J.S.A. 59:4-2 requires that the plaintiff establish the existence of a “dangerous ... dangerous condition” under the New Jersey Tort Claims Act (Act). N.J.S.A. 59:4-2. After a verdict in favor of plaintiff, the Appellate Division ... now required, once again, to interpret one of those exceptions, N.J.S.A. 59:4-2.      N.J.S.A. 59:4-2 provides:             A public entity is liable for injury caused ...

docket:	a-22-00
court:	njsupreme
decided:	2001-07-19
status:
citation:	169 N.J. 119
Document Size:	52660

66 JONATHAN VINCI v. CLIFTON BOARD OF EDUCATION -- rank: 733

... the property. Applying the requirements of the Tort Claims Act, N.J.S.A. 59:4-2, -3, the court discussed both the absence of evidence in ... inaction with respect to the dangerous condition was "palpably unreasonable." N.J.S.A. 59:4-2; Garrison , supra , 154 N.J. at 286. Plaintiffs argue there ... a prima facie case of all the essential elements of N.J.S.A. 59:4-2, we agree with the trial court's pretrial order on ...

docket:	a4828-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-21
status:	unpublished
citation:
Document Size:	35999

67 ALBERT WOOD v. TOWNSHIP OF WALL -- rank: 730

... S.A. 59:1-1 to 12-3, in particular, N.J.S.A. 59:4-2(a) and (b), governing dangerous conditions on public property; N ... it was error to grant Wall summary judgment based upon N.J.S.A. 59:4-2, which provides that a public entity is liable for [i ... out that the judge failed to consider "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 ... finding involuntary dismissal improper because the Law Division "incorrectly interpreted N.J.S.A. 59:4-2 to require actual notice of the dangerous condition even if ... speeds. Wall argues that the judge's failure to consider N.J.S.A. 59:4-2(a) was immaterial because plaintiff failed to demonstrate the ...

docket:	a0751-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-17
status:	unpublished
citation:
Document Size:	44069

68 BONG H. LEE v. ANTHONY J. GILBERTI SR. -- rank: 730

... liability 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 ...

docket:	a0418-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-20
status:	unpublished
citation:
Document Size:	62565

69 FAMOUS RIVERA v. CITY OF PLAINFIELD BLACK UNITED FUND -- rank: 730

... certain circumstances for dangerous conditions that exist on its property. N.J.S.A. 59:4-2. Plaintiffs seemingly acknowledge in their brief that Plainfield could not ... not permit a dangerous condition to exist upon its property, N.J.S.A. 59:4-2, and Plainfield was not vicarious liable because of "an act ...

docket:	a4558-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-03
status:	Published
citation:
Document Size:	35200

70 ALEXANDER FERRIS, v. AIDA BLANCO-ALQUACIL -- rank: 728

... A-0317-18T1 59:1-1 to 12-3, specifically N.J.S.A. 59:4-2. It furnished a report from a purported crash reconstruction expert ... Sports & Exposition Auth., 169 N.J. 119, 125 (2001) (quoting N.J.S.A. 59:4-2).] 6 A-0317-18T1 'Th[e]se requirements are accretive ...

docket:	a0317-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-17
status:	Unpublished
citation:
Document Size:	24098

71 BRIAN KRUZEL v. CITY OF NEWARK -- rank: 728

... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] Thus, N.J.S.A. 59:4-2 imposes potential liability on a public entity only for injury ... exercising 'control' of the property for purposes of liability under N.J.S.A. 59:4-2. A-4387-18 15 Here, the trial court did not ... 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 ... the alleged dangerous condition, which is required for liability under N.J.S.A. 59:4-2. IV. Plaintiff also argues that N.J.S.A. ...

docket:	a4387-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	38102

72 /usr/local/share/www/libweb/collections/courts/appellate/alberts-v-gaeckler.opn.html -- rank: 725

... eliminate or reduce the risk of injury was palpably unreasonable. N.J.S.A. 59:4-2. Plaintiff seeks monetary compensation for the injuries she alleges she ...

docket:	Alberts-v-Gaeckler
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	39315

73 CHIEKO MOORE v. COUNTY OF MERCER -- rank: 723

... unreasonable" conduct for which the County was liable pursuant to N.J.S.A. 59:4-2(b). At the conclusion of oral argument on September 2 ... County's actions were "palpably unreasonable" within the meaning of N.J.S.A. 59:4-2(b). The judge reasoned: [T]he catchall provision here is ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] As the Supreme Court held in Polzo , "[a]ny application ... the bollards was "palpably unreasonable" conduct within the meaning of N.J.S.A. 59:4-2(b) and that liability therefore attaches. As the Court observed in Polzo , the requirements of N.J.S.A. 59:4-2 "are accretive; if one or more of the elements is ... notice. That being so, the threshold element of notice under N.J.S.A. 59:4-2(b) was not satisfied, and summary judgment was properly ...

docket:	a0835-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-30
status:	unpublished
citation:
Document Size:	33868

74 REGINALD JONES v. TOWNSHIP OF IRVINGTON -- rank: 723

... 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. Plaintiff ... constructive notice of the dangerous condition as required pursuant to N.J.S.A. 59:4-2. Finally, the motion judge highlighted the only evidence in support ... of satisfying each element of a cause of action under N.J.S.A. 59:4-2. Polzo, 209 N.J. at 66; see also Carroll v ... evidence establishing any element of a cause of action under N.J.S.A. 59:4-2 requires dismissal of the claim. Polzo, 209 N.J. at ... TCA for injuries caused by conditions of a property. Under N.J.S.A. 59:4-2, a public entity has tort liability for injuries caused by ... Parkway, 249 N.J. 642, 656 (2022) (citation omitted) (quoting N.J.S.A. 59:4-2). A public entity is not liable for a dangerous ...

docket:	a3209-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-06
status:	Unpublished
citation:
Document Size:	19521

75 COREY WILKINSON v. SEAGIRT NATIONAL GUARD ARMY TRAINING CENTER -- rank: 720

... N.J.S.A. 59:4-8, to recover under N.J.S.A. 59:4-2, plaintiff must show that: (1) the property was in dangerous ... to have taken measures to protect against the dangerous condition. N.J.S.A. 59:4-2. 'Additionally, there can be no recovery unless the action or ... v. Lindedahl, 100 N.J. 485, 492-93 (1985) (quoting N.J.S.A. 59:4-2). Defendants argue that plaintiff is unable to establish that defendants ...

docket:	a2165-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-09
status:	Unpublished
citation:
Document Size:	28313