Search Rutgers Law Library N.J. Court Opinions

1 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 1000

... to the dangerous condition of public property set forth in N.J.S.A. 59:4-2. 2 On November 26 , 2001, plaintiff, Suzanne Ogborne, decided to ... that Ogborne’s cause of action should be governed by N.J.S.A. 59:4-2, which holds public entities liable for injuries caused by â ... of the more stringent “palpably unreasonable” standard pursuant to N.J.S.A. 59:4-2 because Ogborne’s cause of action implicated a “dangerous ... J. 599 (2007). HELD : The “palpably unreasonable” standard of N.J.S.A. 59:4-2 applies to this cause of action because it concerns the ... caused the plaintiff’s injury. The competing liability provision is N.J.S.A. 59:4-2, which states that a public entity will only be liable ... 2 must give way to the palpably unreasonable standard of N.J.S.A. 59:4-2 when a public employee’s negligent conduct causes a ...

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

2 Smith v. Fireworks by Girone, Inc., et al. -- rank: 995

... Court determines, pursuant to the New Jersey Torts Claims Act, N.J.S.A. 59:4-2, whether the public property at issue in this case was ... foreseeably to injury, it is not insulated from liability under N.J.S.A. 59:4-2, even if the ultimate injury takes place off the public ... property owned or controlled by the public entity. Pursuant to N.J.S.A. 59:4-2, liability may attach if the public property is in a ... at the time of the injury. (Pp. 12 - 14). 3. N.J.S.A. 59:4-2 was meant to comport with common-law principles of landowner ... Court addresses also the broader question whether the Legislature intended N.J.S.A. 59:4-2 to be interpreted in such a way that there can ... foreseeably to injury, it is not insulated from liability under N.J.S.A. 59:4-2, even if the ultimate injury takes place off the ...

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

3 Donald T. Polzo v. County of Essex -- rank: 995

... could “have taken measures to protect against [it].” N.J.S.A. 59:4-2. If so, the County still will not be liable unless ... the failure to repair it was “palpably unreasonable.” N.J.S.A. 59:4-2. Essex County is responsible for an extensive network of roads ... to protect against the roadway defect is palpably unreasonable. See N.J.S.A. 59:4-2. Here, the trial court granted summary judgment in favor of ... before the tragic accident was “palpably unreasonable.” See N.J.S.A. 59:4-2. We therefore reinstate the grant of summary judgment in favor ... on actual or constructive notice of a dangerous condition under N.J.S.A. 59:4-2(b), the panel then noted an alternative theory of public-entity liability under N.J.S.A. 59:4-2(a). The panel reasoned that liability could be premised ...

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

4 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 958

... to the dangerous condition of public property set forth in N.J.S.A. 59:4-2, which holds public entities liable for injuries caused by "dangerous ... application of the more stringent "palpably unreasonable" standard pursuant to N.J.S.A. 59:4-2 because Ogborne's cause of action implicated a "dangerous condition ... N.J. 599 (2007). HELD : The "palpably unreasonable" standard of N.J.S.A. 59:4-2 applies to this cause of action because it concerns the ... caused the plaintiff's injury. The competing liability provision is N.J.S.A. 59:4-2, which states that a public entity will only be liable ... 2 must give way to the palpably unreasonable standard of N.J.S.A. 59:4-2 when a public employee's negligent conduct causes a plaintiff ... reading of the dangerous condition of public property provisions of N.J.S.A. 59:4-2, with its higher standard for imposition of liability. Therefore, ...

docket:	a-66-07
court:
decided:	2009-01-29
status:
citation:	197 N.J. 448 963 A.2d 828
Document Size:	88029

5 VANCE BANKS v. KELLY L. GUNDERSON -- rank: 945

... plaintiff's argument that the Township could be liable under N.J.S.A. 59:4-2 for allowing a dangerous condition on public property. In this ... the Township's conduct was 'palpably unreasonable' as required by N.J.S.A. 59:4-2. As the judge concluded: The [T]ownship has no duty ... s claims against the County, the judge similarly found under N.J.S.A. 59:4-2 that the County had not allowed a 'dangerous condition' to ... property, not [an] affirmative act of negligence by an employee. [ N.J.S.A.] 59:4-2. In that case, the plaintiff must show that the [C ... the dangerous condition of public property are set forth in N.J.S.A. 59:4-2 as follows: A public entity is liable for injury caused ... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2 (emphasis added).] Even if a plaintiff establishes these basic ...

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

6 Angela Norris and George Norris v. Borough of Leonia -- rank: 928

... of sovereign immunity for sidewalks. (pp. 19-20) 7. Although N.J.S.A. 59:4-2 does not refer expressly to any class of public property ... a dangerous condition of public property within the meaning of N.J.S.A. 59:4-2, he believed that the Court's conclusion that the Borough ... existence of a dangerous condition, required for municipal liability under N.J.S.A. 59:4-2, and actual or constructive notice of the dangerous condition pursuant ... its inherent flexibility and amenability to change. The Comment to N.J.S.A. 59:4-2, adds that "[i]t is anticipated that this section will ... contemplates municipal liability for dangerous conditions of public property in N.J.S.A. 59:4-2. Specifically, that section provides that a municipality may be held ... failure to correct that condition is palpably unreasonable. Ibid.     Although N.J.S.A. 59:4-2 does not refer expressly to any class of public ...

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

7 SUZANNE K. OGBORNE v. CITY OF TRENTON -- rank: 925

... a public entity for a dangerous condition of its property, N.J.S.A. 59:4-2. The City asserts that summary judgment was not appropriate because ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] Under the City's analysis, in order to establish a ... to other provisions of the [A]ct. One such provision, N.J.S.A. 59:4-2, specifically treats the liability of a public entity for a ... it, but by the standard of palpably unreasonable conduct of N.J.S.A. 59:4-2. [ Ibid. ] See Rocco v. N.J. Transit Rail Operations, Inc ... of public property, the palpably unreasonable standard set forth in N.J.S.A. 59:4-2 is used to determine liability for employees' acts." Furthermore, as ... Div. 1988) on this issue. [Margolis & Novack, supra , comment to N.J.S.A. 59:4-2, at 112-13.] Accordingly, we are satisfied that the ...

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

8 ELAINE TRIVISANO v. CITY OF ATLANTIC CITY -- rank: 923

... its failure to take action, was palpably unreasonable. See generally N.J.S.A. 59:4-2 (explaining the requirements that must be satisfied to impose liability ... the protruding bent screw prior to plaintiff's fall. See N.J.S.A. 59:4-2(b). The court further found plaintiff did not present evidence ... any 'palpably unreasonable' act or omission by the City. See N.J.S.A. 59:4- 2. The court found: With regard to this particular incident, as ... evidence supporting a finding of liability under the TCA, see N.J.S.A. 59:4-2, against the City for a dangerous condition on its property ... by conditions of property, but only in limited circumstances. Under N.J.S.A. 59:4-2, a public entity has tort liability for injuries caused by ... the failure to take such action was not palpably unreasonable.' N.J.S.A. 59:4-2. A plaintiff asserting a tort claim against a public ...

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

9 LETTITIA JACKSON v. STATE OF NEW JERSEY -- rank: 916

... judge relied when he granted summary judgment to the State, N.J.S.A. 59:4-2. We address this subject only briefly, as our determination that ... in rejecting her claim that the State was liable under N.J.S.A. 59:4-2. That statute provides: A public entity is liable for injury ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] For the reasons we shall explain below, we agree with ... a finding of a dangerous condition within the meaning of N.J.S.A. 59:4-2. We reached a similar result in Sharra v. City of ... held that the public entity was immune from liability under N.J.S.A. 59:4-2 because the roadway was not in a dangerous condition. The ... suffice to create a dangerous condition within the meaning of N.J.S.A. 59:4-2. Ibid. Moreover, we agree with the judge's determination ...

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

10 John Seals and Julia Seals v. County of Morris -- rank: 901

... to protect against the condition was “palpably unreasonable.” N.J.S.A. 59:4-2. If it was not reasonably foreseeable that a vehicle would ... be held to his apparent abandonment of his claim under N.J.S.A. 59:4-2. (pp. 30-35) The judgment of the Appellate Division is ... on this claim unless he satisfies all the elements of N.J.S.A. 59:4-2 and further shows that his action is not barred by ... a cause of action a dangerous condition of property under N.J.S.A. 59:4-2, before the trial court, he seemingly abandoned this theory due ... 617 was not on the County ’ s roadway, see N.J.S.A. 59:4-2, or for failure to inspect, see N.J.S.A ... protect against the condition was “ palpably unreasonable. ” See N.J.S.A. 59:4-2. As mentioned earlier, a utility company can presume that ...

docket:	a-84-10
court:	New Jersey Supreme Court
decided:	2012-05-14
status:
citation:
Document Size:	675075

11 ANTHONY SCHANZ v. TOWNSHIP OF WINSLOW -- rank: 871

... that there was no dangerous condition within the meaning of N.J.S.A. 59:4-2 and that in addition to the general rule of immunity ... the configuration of the roadway constituted a dangerous condition under N.J.S.A. 59:4-2 should have been left to a jury. We disagree. Public ... exception"). Plaintiff seeks to impose liability on defendant pursuant to N.J.S.A. 59:4-2, which reads as follows: A public entity is liable for ... It is critical to note that the last paragraph of [ N.J.S.A. 59:4-2] creates a substantial final barrier to establishment of public entity liability." Margolis & Novak, Claims Against Public Entities , comment to N.J.S.A. 59:4-2 (2011); see also Kolitch , supra , 100 N.J. at 492 ... to the 'palpably unreasonable' defense under the last paragraph of N.J.S.A. 59:4-2 as a matter of law." It should first be ...

docket:	a6056-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-06
status:	unpublished
citation:
Document Size:	50829

12 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 869

... is satisfied that the entities were entitled to immunity under N.J.S.A. 59:4-2 as there were insufficient proofs provided as to the existence ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

13 RUTH DEANE v. WINDING RIVER PARK ICE SKATING RINK -- rank: 866

... forth in N.J.S.A. 59:2-2 or N.J.S.A. 59:4-2 covers the event resulting in the injury in this case ... applies, rather than the more stringent "palpably unreasonable" standard in N.J.S.A. 59:4-2 when the issue concerns the physical condition of public property ... a dangerous condition of public property, requiring the application of N.J.S.A. 59:4-2. Defendant argues that even under plaintiff's proofs, she was ... Cemetery Corp. , 197 N.J. 448 , 457 (2009). In contrast, N.J.S.A. 59:4-2 permits liability for an injury caused by a dangerous condition ... an injury, the higher standard of palpably unreasonable conduct in N.J.S.A. 59:4-2 operates to trump the ordinary negligence standard, which otherwise applies ... reading of the dangerous condition of public property provisions of N.J.S.A. 59:4-2, with its higher standard for imposition of liability." Id. ...

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

14 ELISSA ROSE MAYBLOOM v. JACKSON TOWNSHIP BOARD OF EDUCATION -- rank: 864

... DID NOT ACT IN A PALPABLY UNREASONABLE MANNER PURSUANT TO N.J.S.A. 59:4-2 We have considered these arguments in light of the motion ... defendants contended that plaintiff failed to demonstrate liability pursuant to N.J.S.A. 59:4-2, which defines a public entity's potential liability for dangerous ... was the result of a dangerous condition of public property, N.J.S.A. 59:4-2 controls. That section provides: A public entity is liable for ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] A "[d]angerous condition" is defined as "a condition of ... an injury, the higher standard of palpably unreasonable conduct in N.J.S.A. 59:4-2 operates to trump the ordinary negligence standard, which otherwise applies ... reading of the dangerous condition of public property provisions of N.J.S.A. 59:4-2, with its higher standard for imposition of liability." Most ...

docket:	a5906-09
court:	superior court trial
decided:	2011-03-03
status:	Published
citation:
Document Size:	39324

15 BRIANNA ACKERMAN v. FRANKLIN TOWNSHIP BOARD OF EDUCATION -- rank: 861

... appeal, plaintiff argues the heightened "palpably unreasonable" standard, found in N.J.S.A. 59:4-2, is inapplicable to her claims, which she asserts fall within ... action, maintaining there was no dangerous condition on its property, N.J.S.A. 59:4-2, and its employees were immune from suit for ordinary negligence ... was an inherently dangerous condition of defendant's property per N.J.S.A. 59:4-2. Plaintiff also claimed public employees were not immune from liability ... property was in a known dangerous condition, causing her injury. N.J.S.A. 59:4-2. This provision addresses a public entity's liability when injury ... is the predicate for liability of a public entity under N.J.S.A. 59:4-2, must be a dangerous condition inherent in property owned or ... reading of the dangerous condition of public property provisions of N.J.S.A. 59:4-2, with its higher standard for imposition of liability." Ogborne , ...

docket:	a5108-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-30
status:	unpublished
citation:
Document Size:	46836