Search Rutgers Law Library N.J. Court Opinions

31 ELAINE A. CONNELLY v. AGL RESOURCES -- rank: 747

... had actual or constructive notice of the dangerous condition under [ N.J.S.A. ] 59:4-3 a sufficient time prior to the injury to have taken ... and knew or should have known of its dangerous condition." N.J.S.A. 59:4-3(a). Alternatively, the plaintiff must establish that "the condition had ... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). "[T]he mere '[e]xistence of an alleged dangerous ... plaintiff must establish "'the fundamental requirement of constructive notice under N.J.S.A. 59:4-3(b), namely that the condition could have existed for such ...

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status:	unpublished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

32 VIRGINIA L. MCGRATH v. UNION AVENUE ELEMENTARY SCHOOL -- rank: 744

... care, should have discovered the condition and its dangerous character. [ N.J.S.A. 59:4-3.] Plaintiff argues she presented sufficient evidence for a jury to ... plaintiff must establish "the fundamental requirement of constructive notice under N.J.S.A. 59:4-3(b), namely that the condition could have existed for such ... should have discovered it in the exercise of due care. N.J.S.A. 59:4-3(b). We agree with plaintiff that the law imposes no ...

docket:	a3622-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-17
status:	unpublished
citation:
Document Size:	24972

33 RENE ALICEA v. CITY OF PATERSON -- rank: 741

... had actual or constructive notice of the dangerous condition under [ N.J.S.A. ] 59:4-3 a sufficient time prior to the injury to have taken ... actual notice." Polzo , supra , 209 N.J. at 67 (quoting N.J.S.A. 59:4-3(a)). "A public entity shall be deemed to have constructive ... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). See also Chatman v. Hall , 128 N.J. 394 ... provides defendant's constructive notice sufficient to impose liability. See N.J.S.A. 59:4-3(b). We are not persuaded. Even though the pothole was ...

docket:	a3836-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-11
status:	unpublished
citation:
Document Size:	32572

34 EILEEN BROWN v. TOWNSHIP OF PARSIPPANY-TROY HILLS -- rank: 741

... and knew or should have known of its dangerous character." N.J.S.A. 59:4-3(a). Alternatively, a public entity may be charged with constructive ... care, should have discovered the condition and its dangerous character. N.J.S.A. 59:4-3(b). [(Emphasis added).] Plaintiff argues the judge failed to view ... or was in any way related to plaintiff's injury. N.J.S.A. 59:4-3. Knowledge of a design flaw and knowledge of a dangerous ...

docket:	a5016-13
court:	NJ Superior Court Appellate Division
decided:	2016-09-06
status:	unpublished
citation:
Document Size:	22259

35 JOSEPH M. SHAY JR., ET AL. VS. HOLMDEL TOWNSHIP BOARD OF EDUCATION, ET AL. VS. LAURA SHAY, ET AL. -- rank: 741

... had actual or constructive notice of the dangerous condition under [N.J.S.A.] 59:4-3 a sufficient time prior to the injury to have taken ... care, should have discovered the condition and its dangerous character. [N.J.S.A. 59:4-3(b).] The Legislature did not intend to impose liability for ...

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

36 CHIEKO MOORE v. COUNTY OF MERCER -- rank: 736

... and citations omitted). As is evident from the language of N.J.S.A. 59:4-3(b), in the absence of actual notice of the dangerous ... character." Plaintiff insists that, in keeping with the provisions of N.J.S.A. 59:4-3(b), the County had constructive notice of the dangerous condition ...

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

37 RUTH DEANE v. WINDING RIVER PARK ICE SKATING RINK -- rank: 730

... and knew or should have known of its dangerous character," N.J.S.A. 59:4-3(a), or alternatively, that "the condition had existed for such ... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). Plaintiff has provided no evidence that the Township or ... plaintiff must establish "the fundamental requirement of constructive notice under N.J.S.A. 59:4-3(b), namely that the condition could have existed for such ...

docket:	a5443-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-14
status:	unpublished
citation:
Document Size:	31131

38 HAZEL CHERRY v. CITY OF NEWARK -- rank: 730

... had actual or constructive notice of the dangerous condition under [ N.J.S.A. ] 59:4-3 a sufficient time prior to the injury to have taken ... and knew or should have known of its dangerous character." N.J.S.A. 59:4-3(a). "A public entity shall be deemed to have constructive ... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). "Whether a public entity is on actual or constructive ... dangerous condition is measured by the standards set forth in N.J.S.A. 59:4-3(a) and (b), not by whether [for example] 'a routine ... the condition and its dangerous character.'" Id. at 75 (quoting N.J.S.A. 59:4-3(b)). Plaintiff's reliance on photographs taken after the accident ...

docket:	a4162-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-17
status:	unpublished
citation:
Document Size:	22393

39 SHEILA ALLEN v. JERSEY CITY BOARD OF EDUCATION -- rank: 725

... or constructive notice of the dangerous condition. In that regard, N.J.S.A. 59:4-3 provides: a. A public entity shall be deemed to have ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b). Our conclusion that there were no genuine material facts ...

docket:	a2919-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-17
status:	Unpublished
citation:
Document Size:	36236

40 EDWARD A. GOSTKOWSKI and AMY CAPUANO, his wife v. GRAHAM BRYANT and MARY J BRYANT and TOWN OF WESTFIELD -- rank: 722

... and knew or should have known of its dangerous character.' N.J.S.A. 59:4-3(a). Constructive notice will be imputed where 'the condition had ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b). Viewing the evidence in the light most favorable to ...

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

41 ITALO GOMEZ v. CUMBERLAND USA, INC and MONTCLAIR STATE UNIVERSITY -- rank: 719

... entity's actual or constructive notice of a dangerous condition. N.J.S.A. 59:4-3(a)'s definition of "actual notice" requires that the entity ... nature" that MSU was on constructive notice of any risk. N.J.S.A. 59:4-3. No work was performed on the day of the storm ...

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

42 WILLIAM MUHA v. KEAN UNIVERSITY -- rank: 719

... and knew or should have known of its dangerous character." N.J.S.A. 59:4-3(a). A public entity has constructive notice "only if the ... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). A public entity is not liable "for a dangerous ...

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

43 REGINALD JONES v. TOWNSHIP OF IRVINGTON -- rank: 717

... had actual or constructive notice of the dangerous condition under [ N.J.S.A.] 59:4-3 a sufficient time prior to the injury to have taken ... care, should have discovered the condition and its dangerous character. [N.J.S.A. 59:4-3(b).] We are satisfied the trial judge correctly determined plaintiff ...

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

44 HELEN CIGARROA VS. TOWN OF HARRISON, ET AL. -- rank: 717

... Ibid. (quoting Kolitch, 100 N.J. at 493). Pursuant to N.J.S.A. 59:4-3: a. A public entity shall be deemed to have actual ... care, should have discovered the condition and its dangerous character. [N.J.S.A. 59:4-3(a) and (b).] 'The mere '[e]xistence of an alleged ... dangerous condition is measured by the standards set forth in N.J.S.A. 59:4-3(a) and (b), not by whether 'a routine inspection program ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b). We agree with the judge that plaintiff's proofs ...

docket:	a3603-22
court:	appellate
decided:	2024-04-16
status:	Unpublished
citation:
Document Size:	21030

45 MARY LOU RAPP v. VILLAGE OF RIDGEFIELD PARK -- rank: 714

... of a dangerous condition that proximately caused plaintiff's injuries. N.J.S.A. 59:4-3. Secondly, the judge concluded plaintiff failed to demonstrate she suffered ... genuine factual dispute about the dangerous condition of the sidewalk. N.J.S.A. 59:4-3 provides: a.  A public entity shall be deemed to have ...

docket:	a2525-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-06
status:	unpublished
citation:
Document Size:	32514