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16 ALBERT WOOD v. TOWNSHIP OF WALL -- rank: 789

... ordinary traffic signals, signs, markings, or other similar devices"; and N.J.S.A. 59:4-6(a), so-called plan or design immunity. 3 We have ... Earle, the judge concluded that plan or design immunity applied. N.J.S.A. 59:4-6. 5 The judge rejected plaintiff's argument that, although the ... was a dangerous condition, the entity was immune pursuant to N.J.S.A. 59:4-6). However, based upon the motion record provided, we agree with ... Wall], this Court finds that the argument for immunity under N.J.S.A. 59:4-6 applies with equal force to [Wall], and would serve as ...

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status:	unpublished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

17 JOSEPH G. CASELLA v. TOWNSHIP OF MANALAPAN -- rank: 786

... judgment, "based upon the plan or design immunity provisions of N.J.S.A. 59:4-6(a)," a provision of the Torts Claim Act (the TCA ...

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status:	unpublished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

18 JENNIFER ROSE, et al. v. GREGORY A. CONDE, JR., et al. -- rank: 774

... that it was entitled to plan and design immunity under N.J.S.A. 59:4-6 because both the original construction of Route 9 in 1924 ... State was entitled to "plan and design immunity" pursuant to N .J.S.A. 59:4-6 which provides: Neither the public entity nor a public employee ... the parking lot, it clearly must fail in light of N.J.S.A. 59:4-6. Bassano's undisputed testimony demonstrated that DOT decided to eliminate ... authority to give such approval" that is immune from attack. N.J.S.A. 59:4-6. With respect to plaintiff's theory that plan and design ...

docket:	A1352-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-24
status:	unpublished
citation:
Document Size:	49798

19 ROGER C. GATES v. COUNTY OF PASSAIC -- rank: 764

... mooted its design immunity defense. Plan or design immunity under N.J.S.A. 59:4-6 provides: Neither the public entity nor a public employee is ... 3436-19 18 To avail itself of the immunity under N.J.S.A. 59:4-6, the public entity 'must demonstrate that the specific design or ...

docket:	a3436-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-08
status:	Unpublished
citation:
Document Size:	65909

20 MADHAVI PANDYA, et al. v. STATE OF NEW JERSEY and DEPARTMENT OF TRANSPORTATION -- rank: 755

... parties represented in oral argument that plan and design immunity, N.J.S.A. 59:4-6, is not implicated in this case. Our focus is accordingly ... the DOT was not entitled to plan and design immunity, N.J.S.A. 59:4-6, because it could not show that there had been an ... it cannot rely upon the plan and design immunity of N.J.S.A. 59:4-6 regarding the two-lane configuration. The DOT frames the issue ... this complaint was consolidated with the Pandya complaint. Footnote: 2 N.J.S.A. 59:4-6 provides that a public entity is not liable for injury ...

docket:	A0813-03
court:	NJ Superior Court Appellate Division
decided:	2005-02-28
status:	published
citation:	375 N.J. Super. 353 867 A.2d 123
Document Size:	45436

21 MADHAVI PANDYA, et al. v. STATE OF NEW JERSEY and DEPARTMENT OF TRANSPORTATION -- rank: 755

... parties represented in oral argument that plan and design immunity, N.J.S.A. 59:4-6, is not implicated in this case. Our focus is accordingly ... the DOT was not entitled to plan and design immunity, N.J.S.A. 59:4-6, because it could not show that there had been an ... it cannot rely upon the plan and design immunity of N.J.S.A. 59:4-6 regarding the two-lane configuration. The DOT frames the issue ... this complaint was consolidated with the Pandya complaint. Footnote: 2 N.J.S.A. 59:4-6 provides that a public entity is not liable for injury ...

docket:	A0954-03
court:	NJ Superior Court Appellate Division
decided:	2005-02-28
status:	published
citation:
Document Size:	45311

22 NORA LUCZAK VS TOWNSHIP OF EVESHAM -- rank: 755

... a directed verdict based upon plan/design immunity, pursuant to N.J.S.A. 59:4-6.     Plaintiff brought this action against defendant alleging wrongful death after ... moved for a directed verdict based upon plan/design immunity, N.J.S.A. 59:4-6, which was granted on November 13, 1996.     It was conceded ... 1969).     Defendant maintains that it is immunized from suit by N.J.S.A. 59:4-6. That section states:         Neither the public entity nor a public ... be second-guessed." Thompson , supra , 108 N.J. at 538. N.J.S.A. 59:4-6 cannot be construed to accord immunity, as the trial court ... not to act, and thus was entitled to immunity under N.J.S.A. 59:4-6. Defendant's contention is without merit. Defendant failed to show ... improvements were "prepared in conformity with standards previously so approved." N.J.S.A. 59:4-6. In fact, Mr. Conway indicated that while he was ...

docket:	a2850-96
court:	njappellate
decided:	1998-05-12
status:	published
citation:	<a href=
Document Size:	25145

23 /usr/local/share/www/libweb/collections/courts/appellate/a1832-18.opn.html -- rank: 742

... of unimproved public property pursuant to the Torts Claims Act, N.J.S.A. 59:4-6. The City moved to bar Dr. Pilkey's report. The ...

docket:
court:
decided:
status:
citation:
Document Size:	35461

24 GEORGE YULIS v. TOWNSHIP OF TEANECK -- rank: 736

... immunity afforded by the New Jersey Tort Claim Act (TCA), N.J.S.A. 59:4-6, with the remaining defendants granted summary judgment based upon derivative ... that Teaneck was entitled to plan or design immunity under N.J.S.A. 59:4-6 for the sloped mountable curb. Relying upon Thompson v. Newark ... addition, citing Margolis & Novack, Claims Against Public Entities , Comment to N.J.S.A. 59:4-6 (2013), and Cobb v. Waddington , 154 N.J. Super. 11 ... entity from liability related to the design of public property. N.J.S.A. 59:4-6(a) provides: Neither the public entity nor a public employee ... to private contractors through derivative immunity. "The statutory immunity [under N.J.S.A. 59:4-6(a)] would be meaningless if a public entity's contractor ... a dangerous condition, the public entity was immune pursuant to N.J.S.A. 59:4-6). Affirmed. 1 Since Conie Yulis' claim is wholly derivative ...

docket:	a4016-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-01
status:	unpublished
citation:
Document Size:	29382

25 GILBERT HERNANDEZ v. COUNTY OF MIDDLESEX -- rank: 702

... design is prepared in conformity with standards previously so approved. [ N.J.S.A. 59:4-6.] Here, defendants produced proof that the intersection of Smith Street ...

docket:	a0738-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	55952

26 JOSEPH G. CASELLA v. TOWNSHIP OF MANALAPAN -- rank: 702

... Manalapan, based upon the plan or design immunity provisions of N.J.S.A. 59:4-6(a). We have considered the arguments raised in light of ... of law to the plan and design immunity afforded by N.J.S.A. 59:4-6. In support of its motion, defendant offered various documents setting ... the township is entitled to the design immunity found under N.J.S.A. 59:4-6. Accordingly, the township’s motion for summary judgment is granted ... of law, to the plan and design immunity afforded by N.J.S.A. 59:4-6(a). That section of the Tort Claims Act (TCA) N ... design is prepared in conformity with standards previously so approved. [ N.J.S.A. 59:4-6(a).] "To establish an entitlement to plan or design immunity ... summary judgment to defendant based upon the immunity provided by N.J.S.A. 59:4-6(a). Reversed. 1 Defendant's pleading is not in ...

docket:	a3680-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-19
status:	unpublished
citation:
Document Size:	33810

27 THOMAS J. STEWART v. NEW JERSEY TURNPIKE AUTHORITY -- rank: 692

... for applying derivative immunity. If derivative immunity was based on N.J.S.A. 59:4-6, Earle failed to present any approved plans or designs regarding ...

docket:	a2004-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-19
status:	Unpublished
citation:
Document Size:	34800

28 ALEX PLUCHINO v. BOROUGH OF RUTHERFORD and STATE OF NEW JERSEY and RUTHERFORD BOARD OF EDUCATION and COUNTY OF BERGEN -- rank: 689

... has made out a prima facie case for liability under N.J.S.A. 59:4-6. That statute provides: Neither the public entity nor a public ... as the "public property" for the purposes of analysis under N.J.S.A. 59:4-6 in this case. We disagree with that approach, although we ...

docket:	a1481-07
court:	superior court appellate division
decided:	2010-02-01
status:	unpublished
citation:
Document Size:	82397

29 THOMAS C. HAYNES v. STATE OF NEW JERSEY -- rank: 686

... addressing the State's claim of plan and design immunity, N.J.S.A. 59:4-6, the Law Division granted summary judgment on the basis of ...

docket:	a5744-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	unpublished
citation:
Document Size:	43083

30 JOAN M. KENNY v. BRIDGEWATER GOLDEN EAGLES -- rank: 683

... Bridgewater was entitled to plan or design immunity pursuant to N.J.S.A. 59:4-6. In the case of BFL, the judge held that the ... of Essex , 196 N.J. 569 , 578-79 (2008). However, N.J.S.A. 59:4-6 provides a public entity immunity for a dangerous condition that ... presented a prima facie case of dangerous condition liability. Under N.J.S.A. 59:4-6(a), a public entity is not liable for injury on ...

docket:	a3571-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-06
status:	unpublished
citation:
Document Size:	29849