Search Rutgers Law Library N.J. Court Opinions

1 Donald T. Polzo v. County of Essex -- rank: 1000

... have discovered the condition and its dangerous character.” See N.J.S.A. 59:4-3(b). (pp. 28-31) 5. Even if the County had ... its failure to protect against the danger is palpably unreasonable. N.J.S.A. 59:4-3 provides: a. A public entity shall be deemed to have ... of its dangerous character,” it is on actual notice. N.J.S.A. 59:4-3(a). And when a dangerous condition is “obvious” and ... of reasonable care, the public entity is on constructive notice. N.J.S.A. 59:4-3(b). If failing to discover a dangerous defect on public ... 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 ... have discovered the condition and its dangerous character.” See N.J.S.A. 59:4-3(b). VII. Last, we conclude that even if plaintiff ...

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

2 Donald T. Polzo, etc. v. County of Essex, et al. -- rank: 934

... have taken measures to protect against the dangerous condition.” N.J.S.A. 59:4-3(b) constructively imputes notice of the dangerous condition of public ... nature” that it should have been discovered by the County. N.J.S.A. 59:4-3(b). Furthermore, plaintiff’s proofs were sufficient to raise a ... misapplied the constructive notice provision of the Tort Claims Act. N.J.S.A. 59:4-3(b). Second, the County argues that the Appellate Division also ... should have discovered the condition and its dangerous character.” N.J.S.A. 59:4-3(b). Measured against that yardstick, the only evidence presented by ... N.J.S.A. 59:4-2(b); emphasis supplied)); N.J.S.A. 59:4-3(b) (providing for constructive notice “only if the plaintiff ... should have discovered the condition and its dangerous character.” N.J.S.A. 59:4-3(b). Finally, the Tort Claims Act makes clear that, ...

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

3 Angela Norris and George Norris v. Borough of Leonia -- rank: 934

... actual or constructive notice of the dangerous condition pursuant to N.J.S.A. 59:4-3. ����The trial court granted summary judgment in favor of defendant ... s affidavit was inadequate to satisfy the notice requirement of N.J.S.A. 59:4-3. ����Because plaintiff cannot establish that the Borough had actual or ... actual nor constructive notice of the dangerous condition is premature. ���� N.J.S.A. 59:4-3 defines actual and constructive notice for purposes of public entity ...

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

4 /usr/local/share/www/libweb/collections/courts/appellate/a4308-18.opn.html -- rank: 906

... 4-2; N.J.S.A. 59:4- 1(b); N.J.S.A. 59:4-3. 3. . . . The defect proximately caused plaintiff's injury. N.J ... accordance with N.J.S.A. 59:4-2 and N.J.S.A. 59:4-3, they established the dangerous condition of deteriorated asphalt around NJT ... should have discovered the condit ion and its dangerous character.' N.J.S.A. 59:4-3(b). There are various ways a plaintiff can demonstrate constructive ...

docket:
court:
decided:
status:
citation:
Document Size:	49360

5 ELAINE TRIVISANO v. CITY OF ATLANTIC CITY -- rank: 887

... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b). Here, plaintiff relied solely on the opinion set forth ... time prior to her fall to establish constructive notice under N.J.S.A. 59:4-3(b). 'The net opinion rule is a 'corollary of [N ... based. See N.J.S.A. 59:4-2(b); N.J.S.A. 59:4-3(b). '[A] net opinion alone is insufficient to sustain [a ...

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

6 JOSEPH G. CASELLA v. TOWNSHIP OF MANALAPAN -- rank: 887

... J.S.A. 59:4-2(b) is defined by N.J.S.A. 59:4-3, which states: a.� A public entity shall be deemed to ... that the public entity had actual notice as required by N.J.S.A. 59:4-3(a), plaintiff needed to demonstrate not only that defendant "had ... see also Margolis & Novack, Claims Against Public Entities , comment to N.J.S.A. 59:4-3 (2014) ("In order for a claimant to prevail . . . on the ... defendant] . . . should have discovered the condition and its dangerous character ." N.J.S.A. 59:4-3(b) (emphasis added). As the Court has made clear, "the ... should have known of" the "dangerous character" of the condition, N.J.S.A. 59:4-3(a), or that the "condition" was "of such an obvious ... of such reports, defendant should have discovered "its dangerous character." N.J.S.A. 59:4-3(b). The notice provisions of N.J.S.A. ...

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

7 CHANTAL BAUDOUIN v. THE NEW JERSEY TURNPIKE AUTHORITY -- rank: 879

... notice" of the tree's deteriorated condition, as defined under N.J.S.A. 59:4-3; and (2) "a sufficient time prior to the injury to ... 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 ...

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

8 ELISSA ROSE MAYBLOOM v. JACKSON TOWNSHIP BOARD OF EDUCATION -- rank: 876

... dangerous character.'" Polzo , supra , 196 N.J. at 581 (quoting N.J.S.A. 59:4-3(b)). In this case, there was no actual notice of ...

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

9 ROGER C. GATES v. COUNTY OF PASSAIC -- rank: 870

... such action was not palpably unreasonable. A-3436-19 11 N.J.S.A. 59:4-3 provides: a. A public entity shall be deemed to have ...

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

10 ANTHONY SCHANZ v. TOWNSHIP OF WINSLOW -- rank: 868

... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3. Plaintiff failed to provide evidence to satisfy this standard. In ...

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

11 BRYCE PATRICK v. CITY OF ELIZABETH -- rank: 859

... entity will have constructive notice of a dangerous condition under N.J.S.A. 59:4-3(b) if "the condition had existed for such a period ...

docket:	a2792-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	published
citation:	449 N.J.Super. 565 159 A.3d 906
Document Size:	39498

12 DANIEL J. O'BRIEN v. NEW JERSEY TURNPIKE AUTHORITY -- rank: 854

... 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). 'The mere '[e]xistence of an alleged dangerous condition ... 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 ... should have discovered the condition and its dangerous character.' See N.J.S.A. 59:4-3(b); Polzo, 209 N.J. at 67-68 ('If failing ...

docket:	a0549-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-27
status:	Unpublished
citation:
Document Size:	49385

13 TERRY POLITO v. MILLBURN TOWNSHIP -- rank: 846

... 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:	a5923-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	63032

14 MICHAEL J. CONNER v. TOWNSHIP OF EAST BRUNSWICK -- rank: 840

... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). There are various ways a plaintiff can demonstrate constructive ...

docket:	a1592-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	38268

15 MONIQUE RAYMOND v. NEW JERSEY DEPARTMENT OF TRANSPORTATION -- rank: 829

... 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). 'The mere '[e]xistence of an alleged dangerous condition ... 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 ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b). In fact, the proofs established precisely the opposite. Even ... State was certainly on constructive notice within the meaning of N.J.S.A. 59:4- - 3(b) that the condition would re-occur under predictable circumstances ...

docket:	a4200-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	46427