Search Rutgers Law Library N.J. Court Opinions

91 RALPH ANGELES v. NEVIER RUIZ -- rank: 696

... were not liable for plaintiff's injuries because, pursuant to N.J.S.A. 59:4-2, Ruiz's conduct before the accident was not 'palpably unreasonable ...

docket:	a3751-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	35617

92 DAVID FOSTER v. NEWARK HOUSING AUTHORITY -- rank: 696

... filed two notices of motion: one sought a ruling that N.J.S.A. 59:4-2, the section of the New Jersey Tort Claims Act ("TCA ... 1, the judge ruled on it. Detective Foster argued that N.J.S.A. 59:4-2 was inapplicable because of the Housing Authority's status as ... other ways, negligently failed to provide adequate security. But, applying N.J.S.A. 59:4-2, he found as a matter of law that the Housing ... his understanding of it to this case. We conclude that N.J.S.A. 59:4-2 governs here notwithstanding the Housing Authority's status as a ... contains sufficient evidence to support a finding of liability under N.J.S.A. 59:4-2, we reverse and remand for trial. On appeal the parties ... the common law applicable to commercial landlords and not by N.J.S.A. 59:4-2. He argues that his position is supported by the ...

docket:	A1614-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-21
status:	published
citation:
Document Size:	52839

93 LEONICE M. WURST v. CITY OF OCEAN CITY -- rank: 696

... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] These elements are 'accretive,' which means that 'if one or ... had not established all of the elements for liability under N.J.S.A. 59:4-2. In any event, the record before the trial court did ... failure to 'protect against' the dangerous condition was 'palpably unreasonable.' N.J.S.A. 59:4-2. As used in N.J.S.A. 59:4-2, 'palpably unreasonable' means 'behavior that is patently unacceptable under any ...

docket:	a1104-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-10
status:	unpublished
citation:
Document Size:	76065

94 EDWARD GROSS v. BOROUGH OF FORT LEE -- rank: 693

... pavers prior to [p]laintiff's accident as required under [N.J.S.A. 59:4-2]. As to actual notice, this [c]ourt finds that . . . [p ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] The TCA defines 'public property' as property that is 'owned ... foreseeably to injury, it is not insulated from liability under N.J.S.A. 59:4-2 . . . .'' Seals v. Cty. of Morris, 210 N.J. 157, 179 ... J. at 67. 'The term 'palpably unreasonable' -- as used in N.J.S.A. 59:4-2 -- 'implies behavior that is patently unacceptable under any given circumstance ...

docket:	a5642-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	27337

95 ELVIRA LEVITINA v. NEW JERSEY TRANSIT CORP -- rank: 693

... by the specific standards set forth in the TCA, see N.J.S.A. 59:4-2; see also N.J.S.A. 59:2-1(a ... on cases in which general negligence standards were applied. Under N.J.S.A. 59:4-2, a public entity is liable if a plaintiff establishes: (1 ... court, in its oral decision, did not address all of N.J.S.A. 59:4- -2's prongs. It found the Authority 'was responsible for the ... to have taken measures to protect against the dangerous condition.' N.J.S.A. 59:4-2(b). But the entity will be deemed to have constructive ... 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:	a3089-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-14
status:	Unpublished
citation:
Document Size:	24289

96 NORMAN JONES v. BOROUGH OF BOGOTA -- rank: 691

... J.S.A. 59:1-1 to 12-3, specifically N.J.S.A. 59:4-2, the trial judge should have granted its motion to dismiss ... 3 , 10 (2002). In this case, the applicable provision is N.J.S.A. 59:4-2, which provides as follows: A public entity is liable for ... dangerous condition" are at issue, the plaintiff must, pursuant to N.J.S.A. 59:4-2, prove that those steps, or the failure to take any ... S.A. 59:3-2(d) (discretionary public employee), and N.J.S.A. 59:4-2. The legislative comment accompanying the latter section states: This section ... jury was not charged with respect to liability premised on N.J.S.A. 59:4-2(a). The charge only covered liability on the basis of N.J.S.A. 59:4-2(b), which is, consequently, the only theory of liability ...

docket:	a0749-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-10
status:	unpublished
citation:
Document Size:	38242

97 FIBERMARK NORTH AMERICA, INC v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 691

... landfill represented a continuing dangerous condition of public property under N.J.S.A. 59:4-2. Public property for purposes of the statute is "property owned ... proofs were insufficient to establish all the required elements under N.J.S.A. 59:4-2. The record would not support a finding that the actions ...

docket:	a6201-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	47258

98 ELAINE A. CONNELLY v. AGL RESOURCES -- rank: 691

... condition existed with actual [or] constructive notice as required under [ N.J.S.A. ]59:4-2. From the evidence I have[,] Metuchen did not have actual ... The TCA governs actions against governmental entities and public employees. N.J.S.A. 59:4-2 addresses governmental liability for injuries caused by "dangerous condition[s ... 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 ...

docket:	a3863-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-07
status:	unpublished
citation:
Document Size:	23683

99 PAUL ROURA v. CITY OF NEWARK -- rank: 688

... to protect against the roadway defect is palpably unreasonable. See N.J.S.A. 59:4-2. [209 N.J. at 55.] Despite the lack of testimony ... protect against the dangerous condition can be deemed 'palpably unreasonable'" N.J.S.A. 59:4-2). Although the term "palpably unreasonable" is not defined in the ... reiterated in Polzo II , the 1972 Task Force Comment on N.J.S.A. 59:4-2 specifically addresses the palpably unreasonable standard. This section recognizes the ... Attorney General's Task Force on Sovereign Immunity comment on N.J.S.A. 59:4-2 (Gann 2011). [ Polzo II , supra , 209 N.J. at 76 ...

docket:	a2725-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-13
status:	unpublished
citation:
Document Size:	48518

100 MARTHA GREENBLATT v. BOROUGH OF NORTH PLAINFIELD -- rank: 688

... cause of action because there was no "dangerous condition" under N.J.S.A. 59:4-2 from which it could be held liable. In addition, defendant ... cause of action as a dangerous condition of property under N.J.S.A. 59:4-2. Birchwood Lakes , supra , 90 N.J. at 593-94. However ... be found to be 'palpably unreasonable.'" Id. at 596 (quoting N.J.S.A. 59:4-2). Thus, no liability may be imposed upon a public entity ... See Birchwood Lakes , supra , 90 N.J. at 594-96; N.J.S.A. 59:4-2. Therefore, we affirm the dismissal of the sole remaining nuisance ...

docket:	a4227-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	26106

101 THOMAS M. PERINA v. ALLEN B. CATBAGAN -- rank: 686

... dangerous condition of the roadway subjecting them to liability under N.J.S.A. 59:4-2. Defendants argue they were entitled to immunity under the plan ...

docket:	a1299-08
court:	superior court appellate division
decided:	2010-07-07
status:	unpublished
citation:
Document Size:	90038

102 EDWARD A. GOSTKOWSKI and AMY CAPUANO, his wife v. GRAHAM BRYANT and MARY J BRYANT and TOWN OF WESTFIELD -- rank: 686

... had actual or constructive notice of a dangerous condition under N.J.S.A. 59:4-2(b). We affirm insofar as the Law Division granted defendant ... well-settled case law definition of palpably unreasonable conduct under N.J.S.A. 59:4- 2).2 I On the morning of December 30, 2013, plaintiff ... notice of the alleged dangerous condition to establish liability under N.J.S.A. 59:4-2(b). The judge also denied plaintiffs motion for reconsideration, finding ... of Am., 142 N.J. 520, 540 (1995). Absent immunity, N.J.S.A. 59:4-2 governs a public entity's liability for injuries resulting from ... taken measures to protect against the alleged dangerous condition. See N.J.S.A. 59:4-2(b), 59:4-3. We conclude the motion judge placed ... s action or inaction regarding the tree was 'palpably unreasonable.' N.J.S.A. 59:4-2. Apart from proof of notice, to establish liability against ...

docket:	a0341-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-18
status:	unpublished
citation:
Document Size:	49527

103 SUZANNE PAGONIS v. BOROUGH OF ALLENDALE -- rank: 683

... satisfied any of the other predicates for liability pursuant to N.J.S.A. 59:4-2. He also rejected plaintiff's claim that Allendale's employees ... 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 (Polzo I), 196 N ... liability to be imposed on a public entity pursuant to N.J.S.A. 59:4-2. Even A-4071-18 11 applying 'the indulgent summary-judgment ... conclude the judge properly granted Allendale summary judgment pursuant to N.J.S.A. 59:4-2 and N.J.S.A. 59:3-11, we need ...

docket:	a4071-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-22
status:	Unpublished
citation:
Document Size:	29983

104 IO-AURELIA DUNCAN v. BOROUGH OF FORT LEE and FORT LEE PUBLIC LIBRARY - -- rank: 683

... claims proximately caused her to fall and injure herself. See N.J.S.A. 59:4-2(b). The judge also found plaintiff did not produce objective ... Powers that plaintiff's complaint was also properly dismissed under N.J.S.A. 59:4-2(b). We will accept, arguendo, that plaintiff's account of ... that she would suffer the kind injury she described. See N.J.S.A. 59:4-2. Specifically, that all of the exterior lights illuminating the stairs ... descending. Accepting this event as a proven legal proposition under N.J.S.A. 59:4-2, plaintiff has not presented any competent evidence showing that "a ... to have taken measures to protect against the dangerous condition." N.J.S.A. 59:4-2(a)-(b). Mrs. Sharma's statement to plaintiff that "someone ... have taken measures to correct or abate the situation. See N.J.S.A. 59:4-2(b). Finally, we agree with Judge Powers that we ...

docket:	a0569-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-10
status:	unpublished
citation:
Document Size:	27689

105 TODD GOURLEY v. TOWNSHIP OF MONROE -- rank: 683

... allows for public entity liability if certain requirements are met. N.J.S.A. 59:4-2 states: A public entity is liable for injury caused by ...

docket:	a1595-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-08
status:	unpublished
citation:
Document Size:	35077