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 Results for ("N.J.S.A. 59:4-6")   1 to 15 of 50 results. Run time: 0.738 seconds | Search time: 0.731 seconds    
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1 VANCE BANKS v. KELLY L. GUNDERSON -- rank: 1000
... the TCA's discretionary immunity principles, which are codified at N.J.S.A. 59:4-6. The judge also invoked N.J.S.A. 59:2 ... defects in its plan and design of the road under N.J.S.A. 59:4-6). The requirements for holding a public entity liable for the ... N.J.S.A. 59:2-3 (discretionary immunity) and N.J.S.A. 59:4-6 (plan or design immunity). We disagree. 16 A-0569-16T1 ... also entitled to '[p]lan or design immunity,'3 under N.J.S.A. 59:4-6. That portion of the statute provides that: a. Neither the ... he was obviously referring to 'plan or design' immunity under N.J.S.A. 59:4-6. 21 A-0569-16T1 into a lake). As noted in ... design immunity, which disallows juror scrutiny of such design decisions. N.J.S.A. 59:4-6. The board, cognizant of the two developments and the ...
docket: a0569-16
court: NJ Superior Court Appellate Division
decided: 2018-05-30
status: unpublished
citation:
Document Size: 130811
2 John Seals and Julia Seals v. County of Morris -- rank: 987
... the County is shielded by plan or design immunity under N.J.S.A. 59:4-6. It must also consider whether plaintiff should be held to ... not barred by the plan or design immunity provision of N.J.S.A. 59:4-6. Although plaintiff pled as a cause of action a dangerous ... County is not entitled to plan or design immunity under N.J.S.A. 59:4-6. 9 According to the 1972 Attorney General ’ s Task ... General ’ s Task Force on Sovereign Immunity comment on N.J.S.A. 59:4-6 (Gann 2012). Whether Route 513 or any improvements to the road fall within the plan or design immunity of N.J.S.A. 59:4-6 is a matter for the remand court to consider. On ... on remand the township could seek summary judgment based on N.J.S.A. 59:4-6 if it could show “ prior approval of a ...
docket: a-84-10
court: New Jersey Supreme Court
decided: 2012-05-14
status:
citation:
Document Size: 675075
3 I'ASIA MORELAND v. Estate of WILLIAM PARKS -- rank: 978
... Route 129 were barred by plan or design immunity under N.J.S.A. 59:4-6, as it was undisputed the State constructed Route 129 according ... of a pedestrian bridge and design of the roadway under N.J.S.A. 59:4-6,7 because 7 N.J.S.A. 59:4-6 provides: Neither the public entity nor a public employee is ...
docket: a1645-19
court: NJ Superior Court Appellate Division
decided: 2021-12-28
status: Unpublished
citation:
Document Size: 53343
4 MICHAEL C. KAIN v. GLOUCESTER CITY -- rank: 883
... a public employee exercising discretionary authority to give such approval . . . ." N.J.S.A. 59:4-6(a) (emphasis added). This case requires us to decide whether ... the TCA for a claim based upon this alleged defect. N.J.S.A. 59:4-6(a) states in pertinent part: a. Neither the public entity ... a public employee exercising discretionary authority to give such approval." N.J.S.A. 59:4-6(a) (emphasis added). As "some other body" is undefined in ... Attorney General's Task Force on Sovereign Immunity, Comment to N.J.S.A. 59:4-6 , at 222 (May, 1972) (Task Force Comment to N.J.S.A. 59:4-6). The Legislature's use of the term "some other body ... public property constitutes a dangerous condition." Task Force Comment to N.J.S.A. 59:4-6, supra , at 223. Immunity is preserved even if the ...
docket: a4854-12
court: New Jersey Superior Court Appellate Division
decided: 0000-00-00
status: Published
citation: 436 N.J.Super. 466 94 A.3d 937
Document Size: 46208
5 JOAO ROCHA v. STATE OF NEW JERSEY -- rank: 883
... judgment on several grounds. First, they asserted design immunity under N.J.S.A. 59:4-6(a). Second, they contended that the curb and concrete island ... Act for a claim based on the alleged dangerous condition. N.J.S.A. 59:4-6(a) provides: Neither the public entity nor a public employee ... design is prepared in conformity with standards previously so approved. [ N.J.S.A. 59:4-6(a).] Plaintiff argues summary judgment based on plan or design ... height approved in the original design, thereby precluding immunity under N.J.S.A. 59:4-6(a). Because we hold that the vertical curb and concrete ...
docket: a0616-15
court: NJ Superior Court Appellate Division
decided: 2017-06-02
status: unpublished
citation:
Document Size: 35913
6 THOMAS M. PERINA v. ALLEN B. CATBAGAN -- rank: 852
... to 12-3. Specifically, they claimed they were immune under N.J.S.A. 59:4-6 for plan and design of the highway improvements and under ... they were entitled to immunity under the plan and design, N.J.S.A. 59:4-6, and the traffic sign, N.J.S.A. 59:4 ... a highway was pursuant to Department of Transportation specifications). Under N.J.S.A. 59:4-6, a public entity, or a private contractor acting pursuant to ... 370 (App. Div. 2005) (where plan and design immunity under N.J.S.A. 59:4-6 was not available to the State, immunity under N.J ...
docket: a1299-08
court: superior court appellate division
decided: 2010-07-07
status: unpublished
citation:
Document Size: 90038
7 LESLIE MARTINEZ-GOMEZ v. UNITED DOMINICANS OF PERTH AMBOY -- rank: 849
... 4 Notably, the Board does not claim design immunity under N.J.S.A. 59:4- -6, which provides that a public entity is not liable 'for ...
docket: a3095-18
court: NJ Superior Court Appellate Division
decided: 2020-03-05
status: Unpublished
citation:
Document Size: 43141
8 MIRIAM DUBOY GONZALEZ v. MORRIS COUNTY BOARD OF COUNTY COMMISSIONERS -- rank: 833
... the Board giving rise to plan or design immunity under N.J.S.A. 59:4-6. Plaintiff also claims the replacement carpet falls within A-0399 ... the courthouse, specifically the platform that created the step, under N.J.S.A. 59:4-6. They further argued that they were immune from liability relating ... AND MORRIS COUNTY SHERIFF'S OFFICE WERE NOT BARRED BY N.J.S.A. 59:4-6, PLAN OR DESIGN IMMUNITY. We review a grant of summary ... design is prepared in conformity with standards previously so approved. [N.J.S.A. 59:4-6(a).] 'A public entity does not automatically receive the benefit ... 523, 539 (2000). The plan or design immunity provided under N.J.S.A. 59:4-6 is an affirmative defense that must be pleaded and proven ... changed circumstances.' Birchwood Lakes, 90 N.J. at 599 (citing N.J.S.A. 59:4-6 cmt.). Moreover, A-0399-22 15 '[o]nce design ...
docket: a0399-22
court: NJ Superior Court Appellate Division
decided: 2023-02-03
status: Unpublished
citation:
Document Size: 37894
9 HERBERT WREDEN v. TOWNSHIP OF LAFAYETTE -- rank: 830
... the Township was entitled to plan or design immunity under N.J.S.A. 59:4-6. Plaintiffs' litigation continued against Finelli and Snook's. During the ... the Township was entitled to plan or design immunity under N.J.S.A. 59:4-6; and (4) their inverse condemnation claim was barred by the ... the Township was entitled to plan or design immunity under N.J.S.A. 59:4-6. In making this finding, the judge relied upon the certification ...
docket: a5422-12
court: NJ Superior Court Appellate Division
decided: 2014-06-17
status: published
citation: 436 N.J.Super. 117 92 A.3d 681
Document Size: 33388
10 RUSSO FARMS, INC. v. VINELAND BOARD OF EDUCATION -- rank: 815
... the Tort Claims Act that govern "Plan or design immunity," N.J.S.A. 59:4-6.     We have briefly discussed that issue in two of our ... would immunize the defective design of a storm drain under N.J.S.A. 59:4-6," implying that plan or design immunity under the statute, rather ... to a municipality" under the Tort Claims Act. Ibid. (citing N.J.S.A. 59:4-6 cmt. Indeed, we noted in Barney's that the new ... plan or design of public property constitutes a dangerous condition." N.J.S.A. 59:4-6. While the City pled this defense in its answer and ...
docket: a-75-95
court: njsupreme
decided: 1996-05-07
status:
citation: 144 N.J. 8
Document Size: 92317
11 PATRICE M. GRZANKA VS KURT P. PFEIFER, ET AL -- rank: 802
... claim that Winko-Matic is not immune from liability under N.J.S.A. 59:4-6, the design immunity section. Winko-Matic acknowledges that the trial ... would have justified a design immunity claim by the City. N.J.S.A. 59:4-6. But, as noted infra , this issue was not determined by ...
docket: a5372-95
court: njappellate
decided: 1997-06-03
status: published
citation: 301 N.J.Super. 563
Document Size: 48605
12 PATRICE M. GRZANKA VS KURT P. PFEIFER, ET AL -- rank: 802
... claim that Winko-Matic is not immune from liability under N.J.S.A. 59:4-6, the design immunity section. Winko-Matic acknowledges that the trial ... would have justified a design immunity claim by the City. N.J.S.A. 59:4-6. But, as noted infra , this issue was not determined by ...
docket: a5766-95
court: njappellate
decided: 1997-06-03
status: published
citation: 301 N.J.Super. 563
Document Size: 48603
13 VICTOR N. ROCCO et al. v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., et al. -- rank: 799
... design immunity as a matter of law in accordance with N.J.S.A. 59:4-6, which provides: a. Neither the public entity nor a public ... design is prepared in conformity with standards previously so approved. [ N.J.S.A. 59:4-6.]     NJT correctly pointed out that if it was entitled to ... a dangerous condition, was itself the subject of prior approval. N.J.S.A. 59:4-6. The motion judge properly found that, because NJT's own ...
docket: a4354-97
court: njappellate
decided: 2000-04-25
status: published
citation: 330 N.J.Super. 320
Document Size: 42343
14 ROBERT KOEHLER and SUSAN KOEHLER v. MICHAEL SMITH -- rank: 793
... no independent duty to address the low-vertical clearance. 4 N.J.S.A. 59:4-6 provides immunity 'for an injury caused by the plan or ... the judge's rejection of plan or design immunity under N.J.S.A. 59:4-6 was inconsistent with his determination that defendant was not independently ...
docket: a2414-18
court: NJ Superior Court Appellate Division
decided: 2020-09-16
status: Unpublished
citation:
Document Size: 29805
15 /usr/local/share/www/libweb/collections/courts/appellate/a2043-19.opn.html -- rank: 793
... certification' was 'whether the 'plan or design' immunity afforded by N.J.S.A. 59:4-6 relieves [the] defendant of liability 'for failure to provide smoke ...
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