Search Rutgers Law Library N.J. Court Opinions

1 CIVALIER V. THE ESTATE OF MARGARET J. TRANCUCCI -- rank: 1000

... basis of N.J.S.A. 59:4-21 or N.J.S.A. 59:4-4 (requiring emergency warning of dangerous conditions that are not apparent ... removed, the intersection became an ordinary "uncontrolled intersection," regulated by N.J.S.A. 59:4-4 of the Tort Claims Act, a public entity is liable ... a false sense of security, thus constituting a "trap" under N.J.S.A. 59:4-4 (Section 4-4). Under Section 4-4, public entities can ... for which N.J.S.A. 59:4-2 or N.J.S.A. 59:4-4 (requiring emergency warning of dangerous conditions that are not apparent ... not have been anticipated by, a person exercising due care. [ N.J.S.A. 59:4-4 (emphasis added).]     How does the foregoing provision relate to the ... failure to post height of bridge), explains that "in enacting N.J.S.A. 59:4-4 and 5, * * * the Legislature intended to codify pre-existing ...

docket:	a-93-93
court:	njsupreme
decided:	1994-10-20
status:
citation:	138 N.J. 52
Document Size:	93573

2 PATRICE M. GRZANKA VS KURT P. PFEIFER, ET AL -- rank: 815

... the intersection in question to assure their right of way." N.J.S.A. 59:4-4, as interpreted in Civalier v. Trancucci , 138 N.J. 52 ... to the motorists at least within the liability permitted by N.J.S.A. 59:4-4, there was a factual issue whether the City's failure ... reliance required by Civalier , supra , 138 N.J. 52 , interpreting N.J.S.A. 59:4-4. In Civalier , the Court stated that N.J.S.A. 59:4-4 only applies after the requirements of N.J.S.A ...

docket:	a5766-95
court:	njappellate
decided:	1997-06-03
status:	published
citation:	301 N.J.Super. 563
Document Size:	48603

3 PATRICE M. GRZANKA VS KURT P. PFEIFER, ET AL -- rank: 815

... the intersection in question to assure their right of way." N.J.S.A. 59:4-4, as interpreted in Civalier v. Trancucci , 138 N.J. 52 ... to the motorists at least within the liability permitted by N.J.S.A. 59:4-4, there was a factual issue whether the City's failure ... reliance required by Civalier , supra , 138 N.J. 52 , interpreting N.J.S.A. 59:4-4. In Civalier , the Court stated that N.J.S.A. 59:4-4 only applies after the requirements of N.J.S.A ...

docket:	a5372-95
court:	njappellate
decided:	1997-06-03
status:	published
citation:	301 N.J.Super. 563
Document Size:	48605

4 ANTHONY SCHANZ v. TOWNSHIP OF WINSLOW -- rank: 786

... cite[d] [ N.J.S.A. ] 59:4-5 and [ N.J.S.A. ] 59:4-4. And it seems to me that the Court, of course ... has also satisfied the 'trap liability' provision of the Act, N.J.S.A. 59:4-4." We disagree. N.J.S.A. 59:4-4 provides: Subject to section 59:4-2 of this act ... person exercising due care. In order to impose liability under N.J.S.A. 59:4-4, a plaintiff must first establish the elements of N.J ...

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

5 I'ASIA MORELAND v. Estate of WILLIAM PARKS -- rank: 778

... the trial judge that the State is not liable under N.J.S.A. 59:4-4 for its failure to provide 'emergency' devices necessary to warn ...

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

6 ROBIN M. DICKSON v. TOWNSHIP OF HAMILTON -- rank: 767

... in notifying the State of the dangerous road condition, invoking N.J.S.A. 59:4-4. To support her position, plaintiff points out that the Act ... s assertion of liability for failure to warn, pursuant to N.J.S.A. 59:4-4. Plaintiff states the Township's obligation to patrol this stretch ... not have been anticipated by, a person exercising due care. [ N.J.S.A. 59:4-4.] We have rejected a similar claim for liability against the ...

docket:	A0422-07
court:	NJ Superior Court Appellate Division
decided:	2008-05-15
status:	published
citation:	400 N.J.Super. 189
Document Size:	68762

7 BRYCE PATRICK v. CITY OF ELIZABETH -- rank: 764

... public entity's failure to provide ordinary traffic signs and N.J.S.A. 59:4-4 was not applicable to the City as liability under that ... 5 Plaintiff does not contend that defendants were liable under N.J.S.A. 59:4-4 for a failure to place emergency signs or signals in ...

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

8 ALEXANDER FERRIS, v. AIDA BLANCO-ALQUACIL -- rank: 736

... exercising due care.'' Id. at 63 (alteration in original) (quoting N.J.S.A. 59:4-4). As the Court framed the issue: 'The question is whether ... a false sense of security,' thus constituting a 'trap' under N.J.S.A. 59:4-4.' Id. at 8 A-0317-18T1 64 (alteration in original ... of previously-posted traffic signals, that our 'trap liability' provision, N.J.S.A. 59:4-4, limits recovery to those plaintiffs injured by motorists' reliance on ... may create a dangerous condition of property for purposes of N.J.S.A. 59:4-4 when the signal is malfunctioning or absent. Therefore, we hold ... similar to numerous other cases applying the sign immunity of N.J.S.A. 59:4-4 to defeat a plaintiff's claim of a dangerous condition ... upon its absence, approached without due caution for pedestrians. See N.J.S.A. 59:4-4 (imposing liability only for failure 'to warn of a ...

docket:	a0317-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-17
status:	Unpublished
citation:
Document Size:	24098

9 JOAO ROCHA v. STATE OF NEW JERSEY -- rank: 690

... provide adequate warning of a non-existent dangerous condition. See N.J.S.A. 59:4-4 (liability for failure to provide emergency warning signals to warn ...

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

10 MASON LESSA, a minor by his natural parent and guardian ad litem DONNA LESSA v. TOWNSHIP OF PEMBERTON and ANNEMARIE WEWER AND SCOTT HAROLD NATZEL -- rank: 681

... omissions, citing N.J.S.A. 59:4-2 and N.J.S.A. 59:4-4. Plaintiff contends that the liability alleged against the Township for ... next turn to plaintiff's argument that liability exists under N.J.S.A. 59:4-4 because the Township failed to address the "emergent" condition existing ... provide "emergency" signals that an exception to immunity exists. Specifically, N.J.S.A. 59:4-4 provides: Subject to section 59:4-2 of this act ... exercising due care . [(Emphasis added).] Thus, to establish liability under N.J.S.A. 59:4-4, plaintiff was required to prove that the dangerous condition "was ... attach regarding "emergency" signals, "the duty to warn addressed by N.J.S.A. 59:4-4 . . . concerns only extraordinary conditions that are qualitatively different from those ...

docket:	a2140-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-19
status:	Published
citation:
Document Size:	24378

11 BRIAN KRUZEL v. CITY OF NEWARK -- rank: 674

... regard, we note a public entity may be liable under N.J.S.A. 59:4- 4 for failing to warn the public about a dangerous condition ...

docket:	a4387-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	38102

12 ROBERT KOEHLER and SUSAN KOEHLER v. MICHAEL SMITH -- rank: 665

... warrant an emergency warning sign under A-2414-18T4 10 N.J.S.A. 59:4-4.6 In reaching his decision, the judge dismissed plaintiff's ... not constitute an 'emergency' as defined by case law. 6 N.J.S.A. 59:4-4 imposes liability on a public entity: for injury proximately caused ... stating the duty to warn A-2414-18T4 15 under N.J.S.A. 59:4-4 in the context of a snowstorm 'concerns only extraordinary conditions ...

docket:	a2414-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-16
status:	Unpublished
citation:
Document Size:	29805

13 THOMAS DAVENPORT VS BOROUGH OF CLOSTER -- rank: 650

... action, " unrelated to snow removal activity," might be maintained under N.J.S.A. 59:4-4, if the DOT's conduct amounted to a "palpably unreasonable ... a dangerous condition." Id. at 415 n.7, 415-417; N.J.S.A. 59:4-4.     In Meta , the plaintiff was involved in a car accident ... judgment and held that whether the Township was liable under N.J.S.A. 59:4-4 was an issue for the jury. Id. at 232, 234 ... found by a jury to have been palpably unreasonable under N.J.S.A. 59:4-4, and therefore, summary judgment was improper. Id. at 232-34 ...

docket:	a1937-95
court:	njappellate
decided:	1996-11-08
status:	published
citation:	294 N.J.Super. 635
Document Size:	22227

14 ENIA FARIAS VS TOWNSHIP OF WESTFIELD -- rank: 639

... to act. Ibid. Liability was held to be available under N.J.S.A. 59:4-4 for failure to warn. Id. at 232-34.     Similarly, in ... action, "unrelated to snow removal activity," may be maintained under N.J.S.A. 59:4-4 if the conduct amounted to "palpably unreasonable failure to warn ... supra , 110 N.J. at 415 n.7, 415-17; N.J.S.A. 59:4-4. However, there is no evidence that the Township actually knew ...

docket:	a2764-95
court:	njappellate
decided:	1997-02-13
status:	published
citation:	<a href=
Document Size:	25319

15 BRIJAL SONI v. TOWNSHIP OF WOODBRIDGE -- rank: 621

... 59:4-2; (2) failure to provide emergency warning devices, N.J.S.A. 59:4-4; (3) a discretionary decision, N.J.S.A. 59:2 ...

docket:	a4483-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-06
status:	unpublished
citation:
Document Size:	22074