Search Rutgers Law Library N.J. Court Opinions

1 Smith v. Fireworks by Girone, Inc., et al. -- rank: 1000

... of public property is expressly provided for in the Act. N.J.S.A. 59:4-1 defines a "dangerous condition" as one that "creates a substantial ... not palpably unreasonable. [ N.J.S.A. 59:4-2.] N.J.S.A. 59:4-1, in turn, defines these terms as follows: As used in ... title owner of the errant firework within the meaning of N.J.S.A. 59:4-1. Moreover, even if Deptford could be said to have temporarily ... liable because it "controlled the property" within the meaning of N.J.S.A. 59:4-1. Ibid. Although those cases are not identical to each other ... marks omitted). See also Margolis and Novack, supra , comment to N.J.S.A. 59:4-1. "Absent a defect in the property itself that creates a ... or other persons activities." Margolis and Novack, supra , comment to N.J.S.A. 59:4-1. And, as noted, "[t]he existence of a dangerous ...

docket:	a-39-03
court:
decided:	2004-06-23
status:
citation:
Document Size:	170262

2 Donald T. Polzo v. County of Essex -- rank: 966

... it is reasonably foreseeable that it will be used.” N.J.S.A. 59:4-1. The issue is whether the County had actual or constructive ... it is reasonably foreseeable that it will be used.” N.J.S.A. 59:4-1; see also Garrison v. Twp. of Middletown , 154 N.J ... that the depression presented a dangerous condition as defined in N.J.S.A. 59:4-1. Moreover, no one suggests that the road crew was measuring ... is reasonably foreseeable that it will be used.” See N.J.S.A. 59:4-1. Plaintiff offered no evidence that the shoulder of Parsonage Hill ... a dangerous condition, or warning of a dangerous condition.” N.J.S.A. 59:4-1(b). 12 Although ordinarily the question of whether a public ...

docket:	A-74-10
court:	NJ Supreme Court
decided:	2012-01-18
status:
citation:
Document Size:	100146

3 Angela Norris and George Norris v. Borough of Leonia -- rank: 930

... J. Super. 76 , 79 (Law Div. 1976) (holding that "by N.J.S.A. 59:4-1 and 59:4-2 the Legislature has extended governmental liability ...

docket:	a-30-98
court:	njsupreme
decided:	1999-07-26
status:
citation:	160 N.J. 427
Document Size:	85372

4 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 894

... it is reasonably foreseeable that it will be used.” N.J.S.A. 59:4-1(a). We have noted that a “substantial risk” is ... personal property owned or controlled by the public entity.” N.J.S.A. 59:4-1(c). The Act does not define the term “condition ...

docket:	a-66-07
court:
decided:	2009-01-29
status:
citation:	197 N.J. 448
Document Size:	67689

5 ELAINE TRIVISANO v. CITY OF ATLANTIC CITY -- rank: 894

... or nail constitutes a dangerous condition within the meaning of N.J.S.A. 59:4-1(a); the City had actual or constructive notice of the ... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4-1(a). To pose a ''substantial risk of injury' a condition ... properly decide property is not in a dangerous condition under N.J.S.A. 59:4-1(a) where it determines that a reasonable factfinder could not ... determine if a property is in a dangerous condition under N.J.S.A. 59:4-1(a) where the evidence does not permit 'reasonable minds to ... individual exercising due care while walking on the boardwalk. See N.J.S.A. 59:4-1(a). The court therefore correctly determined plaintiff failed to present ...

docket:	a4537-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-16
status:	Unpublished
citation:
Document Size:	53725

6 VANCE BANKS v. KELLY L. GUNDERSON -- rank: 878

... caused by a condition of its property . . . .' (Emphasis added). Notably, N.J.S.A. 59:4-1(c) provides that '[p]ublic property' means real or personal ... think, is of no moment . . . .' As noted, supra, pursuant to N.J.S.A. 59:4-1(a), a '[d]angerous condition' 'means a condition of property ...

docket:	a0569-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-30
status:	unpublished
citation:
Document Size:	130811

7 Fluehr v. City of Cape May -- rank: 876

... failure to protect against a dangerous condition as provided in [ N.J.S.A. 59:4-1 to -9]." A separate relevant provision of the TCA deals ... failure to protect against a dangerous condition as provided in [ N.J.S.A. 59:4-1 to 4-10.]" This archive is a service of Rutgers ...

docket:	a-136-97
court:	njsupreme
decided:	1999-05-26
status:
citation:	159 N.J. 532
Document Size:	98800

8 SUZANNE K. OGBORNE v. CITY OF TRENTON -- rank: 873

... FOR DANGEROUS CONDITIONS OF PUBLIC PROPERTY UNDER THE GOVERNING STANDARD, N.J.S.A. 59:4-1, ET SEQ. POINT III . THE TRIAL COURT IMPROPERLY BARRED THE ... FAILURE TO PROVE LIABIL[IT]Y AGAINST THE DEFENDANT UNDER N.J.S.A. 59:4-1 ET SEQ. AND HER FAILURE TO MEET THE REQUIREMENTS FOR ... requires that the property has been used "with due care." N.J.S.A. 59:4-1. This is a standard of objective reasonableness. As such, "used ...

docket:	A1729-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-06
status:	unpublished
citation:
Document Size:	99416

9 DIANA ACEVEDO v. CITY OF MILLVILLE -- rank: 865

... or hole constitutes a dangerous condition within the meaning of N.J.S.A. 59:4-1(a). Plaintiff contends the court erred by granting summary judgment ... the street constituted a dangerous condition within the meaning of N.J.S.A. 59:4-1(a) and N.J.S.A. 59:4-2. The ... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4-1(a). Thus, the issue presented is whether the undisputed facts ... properly decide whether property is in a dangerous condition under N.J.S.A. 59:4-1(a) where it determines a reasonable factfinder could not find ... 0988-20 10 property is in a dangerous condition under N.J.S.A. 59:4-1(a) where the evidence does not permit 'reasonable minds to ... which it is reasonably foreseeable that it [would] be used.' N.J.S.A. 59:4-1(a); Garrison, 154 N.J. at 287. Accepting her ...

docket:	a0988-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-17
status:	Unpublished
citation:
Document Size:	28370

10 I'ASIA MORELAND v. Estate of WILLIAM PARKS -- rank: 845

... 125 (2001) (quoting N.J.S.A. 59:4-2). N.J.S.A. 59:4-1(a) defines a dangerous condition as 'a condition of property ... cannot establ ish the intersection was a dangerous condition under N.J.S.A. 59:4-1. Because plaintiffs can recover against the State, the County, and ...

docket:	a1645-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	53343

11 LETTITIA JACKSON v. STATE OF NEW JERSEY -- rank: 837

... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1(a). To survive a public entity's motion for summary ... to be applied when analyzing the "due care" component of N.J.S.A. 59:4-1(a). Id. at 126. The first prong considers "whether the ...

docket:	a4975-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-21
status:	unpublished
citation:
Document Size:	38761

12 /usr/local/share/www/libweb/collections/courts/appellate/a4308-18.opn.html -- rank: 835

... a foreseeable manner. N.J.S.A. 59:4-2; N.J.S.A. 59:4-1(a). 2. . . . Notice that the alleged defect existed is not ... to be created. N.J.S.A. 59:4-2; N.J.S.A. 59:4- 1(b); N.J.S.A. 59:4-3. 3. . . . The ... unreasonableness as an element to establish dangerous condition liability under N.J.S.A. 59:4-1 to -3, whereas the defendant has the burden to prove ... which it is reasonably foreseeable that it will be used.' N.J.S.A. 59:4-1(a). Our jurisprudence regarding whether a condition of public property ...

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court:
decided:
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citation:
Document Size:	49360

13 JOAO ROCHA v. STATE OF NEW JERSEY -- rank: 827

... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1(a); see Garrison v. Twp. of Middletown , 154 N.J ... The curb itself did not "create[] a substantial risk injury." N.J.S.A. 59:4-1(a). Instead, the singular apparent cause of the accident was ...

docket:	a0616-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-02
status:	unpublished
citation:
Document Size:	35913

14 CHANTAL BAUDOUIN v. THE NEW JERSEY TURNPIKE AUTHORITY -- rank: 824

... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1. In granting defendant's summary judgment motion, the motion judge ... which it is reasonably foreseeable that it will be used ." N.J.S.A. 59:4-1 (emphasis added). Eighty-foot tall trees are not inherently dangerous ...

docket:	a3903-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-01
status:	unpublished
citation:
Document Size:	60402

15 Donald T. Polzo, etc. v. County of Essex, et al. -- rank: 819

... The Court considers whether, under the Tort Claims Act (Act), N.J.S.A. 59:4-1 to 14-4, the proofs offered by the plaintiff sufficiently ... the intersection of the provisions of the Tort Claims Act, N.J.S.A. 59:4-1 to 14-4, that govern claims against governmental entities arising ...

docket:	a-69-07
court:
decided:	2008-12-03
status:
citation:	196 N.J. 569
Document Size:	71655