Search Rutgers Law Library N.J. Court Opinions

1 Paris Wilson v. City of Jersey City -- rank: 1000

... this appeal is whether the 9-1-1 immunity statute, N.J.S.A. 52:17C-10, provides immunity to 9-1-1 operators and their public ... protected by statutes including the 9-1-1 immunity act, N.J.S.A. 52:17C-10, and that there was insufficient evidence of wanton and willful ... immunity statute, the panel reasoned that only subsection (e) of N.J.S.A. 52:17C-10 is potentially applicable, but that it applies only after an ... The Court granted certification. 205 N.J. 80 (2010). HELD : N.J.S.A. 52:17C-10 provides immunity to 9-1-1 operators and their public ... companies, counties, and municipalities. At that time, section (b) of N.J.S.A 52:17C-10 provided immunity to 9-1-1 operators for their â ... subsections (c), (d), and (e) . (pp. 20-26) 3. Amended N.J.S.A. 52:17C-10 expands the immunity provided to telecommunications companies, PSAPs, and ...

docket:	A-61-10
court:	NJ Supreme Court
decided:	2012-03-08
status:
citation:
Document Size:	181254

2 SHANA FAITH MASSACHI v. CITY OF NEWARK POLICE DEPARTMENT -- rank: 807

... N.J. 419 (2008). In particular, we now decide whether N.J.S.A. 52:17C-10, commonly known as the 9-1-1 immunity statute, provides ... plaintiff, the estate of Sohayla Massachi. We now hold that N.J.S.A. 52:17C-10 does not afford immunity to a 9-1-1 emergency ... was entitled to immunity under the 9-1-1 statute, N.J.S.A. 52:17C-10, as the issue had not been squarely addressed in the ... s complaint pursuant to the 9-1-1 immunity statute, N.J.S.A. 52:17C-10. The City argued that a plain reading of the statute ... its argument that the City should be afforded immunity under N.J.S.A. 52:17C-10. The case proceeded to trial, resulting in the verdict we ... immunity statute was error, because, according to the City, both N.J.S.A. 52:17C-10. A. The 1989 statute The 1989 statute was adopted ...

docket:	a5252-07
court:	superior court appellate division
decided:	2010-08-04
status:	published
citation:	415 N.J. Super. 518 2 A.3d 1117
Document Size:	97515

3 ERICA TURNER v. TOWNSHIP OF IRVINGTON -- rank: 710

... liable for the conduct of its employees. Defendant argues that N.J.S.A. 52:17C-10(d), which immunizes 9-1-1 operators for conduct that ... narrowly" met their burden to surpass the immunity provisions of N.J.S.A. 52:17C-10(d), noting that over multiple calls expressing "severe issues," the ... III and IV) because the 9-1-1 immunity statute, N.J.S.A. 52:17C-10(d), and the Tort Claims Act (TCA), N.J.S ... and willful disregard for the safety of persons or property . [ N.J.S.A. 52:17c-10(d) (emphasis added).] This provision shields public entity employers and ... a "wanton and willful disregard for the safety of persons[,]" N.J.S.A. 52:17C-10(d) and (e), so as to defeat the immunity afforded ... their employer are immune from civil damages to plaintiffs under N.J.S.A. 52:17C-10(d). Wilson , supra , 209 N.J. at 589. By ...

docket:	a5478-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-23
status:	published
citation:	430 N.J.Super. 274 63 A.3d 1233
Document Size:	39752

4 JANET HENEBEMA v. DOMENICO RADDI, JR. -- rank: 653

... of their motions, defendants belatedly raised the affirmative defenses of N.J.S.A. 52:17C-10 (9-1-1 dispatcher immunity) and N.J.S.A ... public entity substantially waits before raising the affirmative defenses of N.J.S.A. 52:17C-10 and N.J.S.A. 59:5-4, we hold ... N.J.S.A. 59:5-4.3 Defendants 2 N.J.S.A. 52:17C-10 provides: a. Whenever possible and practicable, telephone companies shall forward ... defense the immunity afforded to 9-1-1 employers under N.J.S.A. 52:17C-10. See Wilson v. City of Jersey City, 209 N.J ... negligent mishandling of the emergency calls . . . under section (d) of N.J.S.A. 52:17C-10'). The SJTA dispatchers apparently were not a 9-1-1 ... address whether the SJTA is entitled to immunity pursuant to N.J.S.A. 52:17C-10(d) because the parties did not raise this issue. [ ...

docket:	a2460-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-06
status:	published
citation:	452 N.J.Super. 438 175 A.3d 190
Document Size:	80943

5 PARIS WILSON v. CITY OF JERSEY CITY -- rank: 601

... persons or property" to vault the immunity barrier contained in N.J.S.A. 52:17C-10(d). We affirm. I. Except to the extent necessary to ... the emergency calls in this case under subsection (d) of N.J.S.A. 52:17C-10." Id. at 588. However, "the immunity provision of subsection[] (d ... finds that Call Takers Peterson and Jones are immunized under N.J.S.A. 52:17C-10 as employees of a PSAP[ 1 ] because plaintiff[s] [have ... affirm the Law Division's dismissal of plaintiffs' complaint. II. N.J.S.A. 52:17C-10(d), similar to many other statutes (immunity and otherwise) employing ... any context other than 9-1-1 operators' conduct under N.J.S.A. 52:17C-10(d). Here, the Supreme Court emphasized the importance of maintaining ... negligent ones." Id. at 589. Thus, the immunity provision of N.J.S.A. 52:17C-10(d) is intended to have an extremely broad scope. ...

docket:	a4044-08_2
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-04
status:	unpublished
citation:
Document Size:	29439

6 PARIS WILSON, an infant by his Guardian Ad Litem, SONYA MANZANO and D\'ARTAGNAN MANZANO Individually and as Administrator of the Estates of DEQUAN WILSON and DARTAGNANIA WILSON, and DEQUAN WILSON and DARTAGNANIA WILSON, Individually v. CITY OF JERSEY CITY, Police Officer JOSE M. SANTANA (Shield No. 2853), Police Officer ERNEST VIDAL (Shield No. 2395 911 Operator LAURA JEAN PETERSEN Operator No. 35), Radio Dispatcher MICHAEL EDWARD CLARK 911 Operator BRENDA MURDAUGH-JONES Operator No. 326), STATE OF NEW JERSEY, NEW JERSEY STATE POLICE 911 Operator LU ANN BURD - and CITY OF JERSEY CITY, Police Officer JOSE M. SANTANA (Shield No. 2853 Police Officer ERNEST VIDAL (Shield No. 2395), 911 Operator LAURA JEAN PETERSEN (Operator No. 35 Radio Dispatcher MICHAEL EDWARD CLARK, and 911 Operator BRENDA MURDAUGH-JONES Operator No. 326 Defendants-Third-Party v. DWAYNE WILSON and 185 MARTIN LUTHER KING DRIVE, LLC; STATE OF NEW JERSEY NEW JERSEY STATE POLICE Third-Party Defendants -- rank: 588

... J.S.A. 59:5-4 (Santana and Vidal); and N.J.S.A. 52:17C-10 (Petersen, Murdaugh-Jones, and Clark). Lastly, the State defendantsBurd, the ... of New Jerseywere each determined to enjoy immunity pursuant to N.J.S.A. 52:17C-10. Commonly understood, the motion judge found two sources of immunity ... 3, shielded several defendants from liability. Second, she determined that N.J.S.A. 52:17C-10 (Title 52 immunity) protected all of the governmental actors (with ... defendants claim that they are immune from liability pursuant to N.J.S.A. 52:17C-10 in 1999, at a time when several other amendments were ... 161 , 172 (1999). Defendants contend that the plain language of N.J.S.A. 52:17C-10 suggests that it only applies to "assistance" that may be ... was facilitating the dispatch of emergency response services pursuant to N.J.S.A. 52:17C-10. Interpreting subsection (e) in the manner proposed by defendants ...

docket:	a4044-08
court:	superior court appellate division
decided:	2010-08-04
status:	published
citation:	415 N.J. Super. 138 1 A.3d 723
Document Size:	102889

7 /usr/local/share/www/libweb/collections/courts/appellate/a2043-19.opn.html -- rank: 585

... also not immune under the Emergency Telecommunications Services Act (ETS), N.J.S.A. 52:17C-10(d) and (2). Since the CCC did not have a ... Super. 347, 351 (App. Div. 1978)). A-2043-19 26 N.J.S.A. 52:17C-10, the 9-1-1 immunity statute upon which the County ... and willful disregard for the safety of persons or property. [N.J.S.A. 52:17C-10(d).] The technical terminology used within N.J.S.A. 52:17C-10(d) is defined at N.J.S.A. 52:17C ... concluded the County was not entitled to immunity pursuant to N.J.S.A. 52:17C-10(d) because Covello's call was not a 9-1 ... 2012)). The immunity granted to 9-1-1 operators by N.J.S.A. 52:17C-10(d), per the statute's plain language, pertains only ...

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court:
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Document Size:	64979

8 JANET HENEBEMA v. SOUTH JERSEY TRANSPORTATION AUTHORITY -- rank: 561

... defense the immunity afforded to 9-1-1 employers under N.J.S.A. 52:17C-10. See Wilson v. City of Jersey City , 209 N.J ... negligent mishandling of the emergency calls . . . under section (d) of N.J.S.A. 52:17C-10"). The SJTA dispatchers apparently were not a 9-1-1 ... address whether the SJTA is entitled to immunity pursuant to N.J.S.A. 52:17C-10(d) because the parties did not raise this issue. 6 ...

docket:	a3723-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-01
status:	published
citation:	430 N.J.Super. 485 65 A.3d 846
Document Size:	85387

9 Geraldine Murray and Odis E. Murray v. Plainfield Rescue Squad -- rank: 554

... transport person or their respective employers” for certain conduct, and N.J.S.A. 52:17C-10(d) grants immunity to a “telephone company . . . or any ... individual for the purpose of mental health assessment or treatment”); N.J.S.A. 52:17C-10(d) (granting immunity to “telephone company . . . or any employee ...

docket:	A-128-10
court:	NJ Supreme Court
decided:	2012-07-17
status:
citation:
Document Size:	73967

10 SHANA FAITH MASSACHI, as Administratrix and Administratix ad Prosequendum of the Estate of Sohayla Massachi and ANDY FULLER Administrator of the Estate of Pamala Joy Fuller v. AHL SERVICES, INC., USA SECURITY SERVICES, INC ARGENBRIGHT SECURITY, INC DA -- rank: 454

... the second issue for summary judgment, that is dismissal under N.J.S.A. 52:17C-10." The judge then briefly discussed that 9-1-1 statute ... t find that it's clear on its face . . . that [ N.J.S.A. 52:17C-10(d)] would be applicable under these circumstances. But, I do ...

docket:	a1113-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-15
status:
citation:
Document Size:	73308

11 LUIS VEGA v. THE CITY OF NEWARK -- rank: 450

... longer an absolute immunity for 911 dispatcher[s] pursuant to N.J.S.A. 52:17C-10." In short, "[b]ased upon the unsubstantiated witness statements of ...

docket:	a1749-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	24404

12 ANASIA MAISON v. NJ TRANSIT CORP -- rank: 432

... the emergency calls" under the 9-1-1 immunity statute, N.J.S.A. 52:17C-10(d). Wilson ex rel. Manzano v. City of Jersey City ... The Court criticized Massachi 's contrary conclusion, finding it "misread N.J.S.A. 52:17C-10 and the Legislature's intent" and reached an "absurd result ... 582-87. Though the Court's finding of immunity under N.J.S.A. 52:17C-10(d) left "no need to address the Appellate Division's ...

docket:	a1761-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-06
status:	unpublished
citation:
Document Size:	46710

13 STATE OF NEW JERSEY v. GREGORY VOZEH -- rank: 425

... used to initiate a 9-1-1 call.' Ibid. (citing N.J.S.A. 52:17C-10(a)). Further, 'false reporting of emergencies,' explicitly including calls to ...

docket:	a1558-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-07
status:	Unpublished
citation:
Document Size:	65075

14 State v. Nance/Bolton/Williams -- rank: 346

... City , 209 N.J. 558, 573 (2012) (rejecting construction of N.J.S.A. 52:17C-10 that would generate unintended results). The presumption of incarceration set ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541