Search Rutgers Law Library N.J. Court Opinions

76 JAROSLAW HASIAK v. BOROUGH OF WALLINGTON -- rank: 720

... unreasonable. [ Garrison , supra , 154 N.J. at 286 (citations omitted); N.J.S.A. 59:4-2.] Therefore, because plaintiffs here argue that the playground was in ... s liability under the TCA: In order to recover under N.J.S.A. 59:4-2, a party must prove: (1) that there was a dangerous ... DiMedio , 275 N.J. Super. 488 , 502 (App. Div. 1994); N.J.S.A. 59:4-2..] The TCA defines a "[d]angerous condition [as] a condition ... have actual or constructive knowledge of the purported dangerous condition. N.J.S.A. 59:4-2. Pursuant to N.J.S.A. 59:4-3, a ... governmental body's actions or its inactions were "palpably unreasonable." N.J.S.A. 59:4-2. We have described such conduct as being "more than mere ...

docket:	a4202-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-02
status:	unpublished
citation:
Document Size:	49191

77 JOSEPH G. CASELLA v. TOWNSHIP OF MANALAPAN -- rank: 718

... and defendant's acts or omissions were "palpably unreasonable." See N.J.S.A. 59:4-2 and -3. The judge entered the order under review granting ... 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); accord Polzo v. Cnty. of Essex , 196 N.J. 569 ... J. at 585. Actual or constructive notice for purposes of N.J.S.A. 59:4-2(b) is defined by N.J.S.A. 59:4 ... specifically plan or design the placement of the sign. Therefore, N.J.S.A. 59:4-2(a) does not apply, and plaintiff needed to demonstrate ...

docket:	a0139-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	35589

78 /usr/local/share/www/libweb/collections/courts/appellate/a1971-19.opn.html -- rank: 716

... condition on public property , and plaintiff satisfied all provisions of N.J.S.A. 59:4-2. We disagree. The 'guiding principle' of the TCA is 'that ... property' if a plaintiff can establish all the elements of N.J.S.A. 59:4- -2. [I]n 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); accord Polzo I, 196 N.J. at 579.] A-1971 ... or its agents or employees created the dangerous condition. See N.J.S.A. 59:4-2(a). Even if Laiosa's second report was admitted, A ... other arguments raised by the parties regarding additional provisions of N.J.S.A. 59:4-2. Summary judgment was properly granted to Elizabeth because plaintiff ...

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79 LINDA LEONE v. BOROUGH OF BELMAR -- rank: 716

... immunity for execution or enforcement of the laws — and N.J.S.A. 59:4-2 — imposing liability for dangerous conditions of public property, unless ... protective measures that were not "palpably unreasonable." With respect to N.J.S.A. 59:4-2, the court questioned whether the booking room and plaintiff's ... preventative measures. We briefly address the court's application of N.J.S.A. 59:4-2. Defendants sought dismissal under that section apparently in response to ... plaintiff was seated constituted a dangerous condition of public property. N.J.S.A. 59:4-2 generally imposes liability for injuries caused by dangerous conditions of ... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] However, a public entity is not liable if it took ... on the property") (internal quotation marks and citation omitted). Consequently, N.J.S.A. 59:4-2 "is not implicated because the injuries do not arise ...

docket:	a4935-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-01
status:	unpublished
citation:
Document Size:	36827

80 MAUREEN A. PORTMANN v. BOROUGH OF SPRING LAKE -- rank: 713

... J. 369 , 382 (2010)). We start our substantive review with N.J.S.A. 59:4-2, which establishes several elements that must coalesce before a public ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2 (emphasis added).] Thus, liability only attaches if the plaintiff can ... the time of the injury for it to be actionable. N.J.S.A. 59:4-2. Here, plaintiff did not notice and could not point out ... palpably unreasonable.'" Kolitch , supra , 100 N.J. at 492-93; N.J.S.A. 59:4-2 ("Nothing in this section shall be construed to impose liability ...

docket:	a4478-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-04
status:	Published
citation:
Document Size:	39348

81 JUSTINA CHOBOR v. TOWNSHIP OF PARSIPPANY-TROY HILLS -- rank: 713

... the court held that plaintiffs' nuisance claim is barred by N.J.S.A. 59:4-2 because plaintiffs did not raise a genuine dispute of material ... condition on public property if certain statutory criteria are met. N.J.S.A. 59:4-2. The Act provides that a public entity is liable for ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] The statutory 'requirements are accretive; if one or more of ... a public entity, as alleged by plaintiffs, is subject to N.J.S.A. 59:4-2. Birchwood, 90 N.J. at 593, 596. We agree with ... record with respect to any of the critical elements of N.J.S.A. 59:4-2. Although the trial court considered whether the flowing water on ...

docket:	a4148-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	23972

82 /usr/local/share/www/libweb/collections/courts/appellate/a1380-20.opn.html -- rank: 711

... a prima facie dangerous condition claim against the Borough under N.J.S.A. 59:4-2; and 3) the Borough is immune from liability under N ... that no 'defect' existed in the Borough's property under N.J.S.A. 59:4-2, concluding that painted yellow lines and pylons 'perform the exact ...

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court:	NJ Superior Court Law/Chancery Division
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83 ROMAN BUDNIK v. STATE OF NEW JERSEY -- rank: 711

... 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:	a4430-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	63516

84 ROMAN BUDNIK v. STATE OF NEW JERSEY -- rank: 711

... 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:	a4629-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	63516

85 ROMAN BUDNIK v. STATE OF NEW JERSEY -- rank: 711

... 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:	a4133-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	63516

86 /usr/local/share/www/libweb/collections/courts/appellate/a4405-17.opn.html -- rank: 708

... dangerous conditions of public property a re set forth in N.J.S.A. 59:4-2. Under that provision, a plaintiff must demonstrate that (1) a ... to protect against the dangerous condition was palpably unreasonable. See N.J.S.A. 59:4-2; Polzo v. Cty. of Essex, 209 N.J. 51, 65-66 (2012) (first quoting N.J.S.A. 59:4-2; then citing Vincitore v. N.J. Sports & Exposition Auth., 169 ... N.J. Transit, 176 N.J. 185, 194 (2003) (quoting N.J.S.A. 59:4-2). Here, Judge Ciarrocca found that plaintiff could not satisfy the ...

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court:	NJ Superior Court Law/Chancery Division
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87 /usr/local/share/www/libweb/collections/courts/appellate/a1832-18.opn.html -- rank: 708

... which created the lake. A plaintiff must also demonstrate under N.J.S.A. 59:4-2 that the public entity's conduct was 'palpably unreasonable.' Brown ...

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88 CHARLOTTE ROBINSON v. FRANK VIVIRITO -- rank: 706

... also argues that the judge misapplied the immunity contained in N.J.S.A. 59:4-2, arguing that a dangerous animal cannot constitute a "dangerous condition ... is inapposite because that case turned on the applicability of N.J.S.A. 59:4-2, which applies to dangerous conditions of the public property itself ...

docket:	a4487-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-28
status:	unpublished
citation:
Document Size:	22015

89 /usr/local/share/www/libweb/collections/courts/appellate/a0142-18.opn.html -- rank: 701

... to prove that: (1) the pothole was a dangerous condition, N.J.S.A. 59:4-2; (2) the Township had actual or constructive notice of the ... proximately caused by a dangerous condition on a public property. N.J.S.A. 59:4-2. Liability will be found if 'a public entity had actual ... to have taken measures to protect against the dangerous condition.' N.J.S.A. 59:4-2(b). 'A public entity shall be deemed to have actual ... 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 ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	28743

90 RUSSO FARMS, INC. v. VINELAND BOARD OF EDUCATION -- rank: 698

... condition and nuisance, are governed by the Tort Claims Act. N.J.S.A. 59:4-2 provides that a public entity may, subject to the conditions ... also claim that the City and Board are liable under N.J.S.A. 59:4-2 for creating a "dangerous condition."      Plaintiffs assert that the Board ... to establish not only the substantive elements set forth in N.J.S.A. 59:4-2, but will also have the heavy burden of establishing that ...

docket:	a-75-95
court:	njsupreme
decided:	1996-05-07
status:
citation:	144 N.J. 8
Document Size:	92317