Search Rutgers Law Library N.J. Court Opinions

1 PAUL RYBKIN v. TOWNSHIP OF NORTH BERGEN -- rank: 1000

... conferred by a portion of the Tort Claims Act (TCA), N.J.S.A. 59:4-7. The judge also granted summary judgment to defendant Julio Lorasanchez ... Township was not entitled to immunity under the TCA, specifically N.J.S.A. 59:4-7, which confers immunity for injuries resulting solely from the effect ... and to correct the dangerous condition. The judge concluded that N.J.S.A. 59:4-7 immunized the Township from liability because the accident was solely ... 100 N.J. 485 , 498 (1985) (O'Hern, J., concurring)). N.J.S.A. 59:4-7, which is the statute upon which the judge relied, provides ... the sole cause of the dangerous icy condition here, and N.J.S.A. 59:4-7 affords the Township immunity. Moreover, because the Township did nothing ... summary judgment order in favor of the municipality, holding that N.J.S.A. 59:4-7 did not apply where the plaintiff's car skidded ...

docket:	a3773-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-17
status:	unpublished
citation:
Document Size:	55240

2 MICHAEL AVERSANO, et al. v. PALISADES INTERSTATE PARKWAY COMMISSION, et al. -- rank: 944

... injuries resulting from a single cause. Id. at 366, citing N.J.S.A. 59:4-7, conferring immunity for injuries "caused solely by the effect on ...

docket:	A3947-01
court:	NJ Superior Court Appellate Division
decided:	2003-10-01
status:	published
citation:	363 N.J. Super. 266 832 A.2d 914
Document Size:	75333

3 ELENA MERCADO v. DONNA L. KRIMMEL -- rank: 944

... complaint based on the weather immunity accorded public entities in N.J.S.A. 59:4-7, which provides that '[n]either a public entity nor a ... negligence, and that they were entitled to weather immunity under N.J.S.A. 59:4-7 in any event. Plaintiff countered that Krimmel's operation of ... Transp. Auth., 219 N.J. 481, 490 (2014). She argued N.J.S.A. 59:4-7, the weather immunity provision of the Tort Claims Act, N ... Claims Act and that defendants are immune from suit under N.J.S.A. 59:4-7 based on weather immunity. Specifically, the judge found the motion ... 132, 136 (App. Div. A-4742-18 6 1986) (holding ' N.J.S.A. 59:4-7 has a plain meaning: when weather is the true culprit ... sole cause of the accident, thereby triggering the immunity of N.J.S.A. 59:4-7. We cannot agree. As our Supreme Court recently explained ...

docket:	a4742-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-16
status:	Unpublished
citation:
Document Size:	30659

4 ROBIN M. DICKSON v. TOWNSHIP OF HAMILTON -- rank: 937

... address the scope and applicability of weather immunity, pursuant to N.J.S.A. 59:4-7. Plaintiff, while operating a motor vehicle eastbound on Route 322 ... judge granted the State's motion, citing immunity pursuant to N.J.S.A. 59:4-7, and denied plaintiff's motion concluding sufficient disputed material facts ... determine that the Township is immune from suit pursuant to N.J.S.A. 59:4-7. We reverse and remand to the Law Division for entry ... or omissions, the Township insists it remains immune pursuant to N.J.S.A. 59:4-7, which states: "Neither a public entity nor a public employee ... of ownership of the highway eliminated the immunity provided by N.J.S.A. 59:4-7. Plaintiff maintains "the claim of immunity for weather conditions is ... roadway. We conclude the scope of climatological immunity provided by N.J.S.A. 59:4-7, extends to public entities generally, not the property owner ...

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

5 CIVALIER V. THE ESTATE OF MARGARET J. TRANCUCCI -- rank: 917

... had held that the express immunity for weather conditions under N.J.S.A. 59:4-7 barred suit against the State for any negligent delay in ...

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

6 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 911

... various public entities, and the State raised weather immunity under N.J.S.A. 59:4-7. Ibid. The Law Division granted the State’s motion, but ...

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

7 THOMAS M. PERINA v. ALLEN B. CATBAGAN -- rank: 894

... Court held the State was entitled to "weather immunity" under N.J.S.A. 59:4-7 despite the negligence of its employee in failing to sand ...

docket:	a1299-08
court:	superior court appellate division
decided:	2010-07-07
status:	unpublished
citation:
Document Size:	90038

8 ELIZABETH TYMCZYSZYN v. COLUMBUS GARDENS HOBOKEN HOUSING AUTHORITY -- rank: 891

... for snow removal activities and the weather-immunity provision in N.J.S.A. 59:4-7. 1 After reviewing the record before us and considering all ... for snow removal activities and the weather-immunity provision in N.J.S.A. 59:4-7. We gather the following facts from the record developed before ... for snow removal activities or the weather-immunity provision in N.J.S.A. 59:4-7. Finally, although not discussed in much detail, citing Gilhooley v ... is not entitled to invoke the weather condition immunity in N.J.S.A. 59:4-7, or the common law immunity for snow related activities under ... Darpino , 53 N.J. 49 , 54 (1968). With respect to N.J.S.A. 59:4-7, which grants public entities and public employees immunity "for an ... sidewalks" as places to which the immunity provision applies under N.J.S.A. 59:4-7. We recognize that the Court in Bligen referred to ...

docket:	a3544-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-30
status:	published
citation:	422 N.J. Super. 253 27 A.3d 1253
Document Size:	35698

9 SUZANNE K. OGBORNE v. CITY OF TRENTON -- rank: 878

... palpably unreasonable." We conclude that even if the weather immunity [ N.J.S.A. 59:4-7] did not apply, plaintiff's claim [relating to icy road ...

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

10 YELENA KATS v. TOWNSHIP OF WAYNE -- rank: 851

... J.S.A. 59:1-1 to 12-3, specifically N.J.S.A. 59:4-7, the provision of the TCA that confers immunity for injuries ... The court found that defendants were entitled to immunity under N.J.S.A. 59:4-7 because "[t]he accident was caused by the weather." The ... the immunities provided in the TCA, including the immunity under N.J.S.A. 59:4-7 for injuries "caused solely by the effect on the use ... Court held that the State was immune from liability under N.J.S.A. 59:4-7 because plaintiff's injuries were caused solely by the weather ... held that the Township was entitled to weather immunity under N.J.S.A. 59:4-7. We determined that the plaintiff's accident was caused solely ... certif. denied , 75 N.J. 587 (1977) (no immunity under N.J.S.A. 59:4-7 where the plaintiff's car skidded on ice that ...

docket:	a1184-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-02
status:	unpublished
citation:
Document Size:	60169

11 RALPH ANGELES v. NEVIER RUIZ -- rank: 842

... summary judgment dismissing plaintiff's personal injury complaint, pursuant to N.J.S.A. 59:4-7 of the New Jersey Tort Claims Act (TCA).1 Plaintiff ... time. The motion judge granted defendants summary judgment pursuant to N.J.S.A. 59:4-7, which states: 'Neither a public entity nor a public employee ... 58 (2009) (quoting N.J.S.A. 59:2-3). N.J.S.A. 59:4-7 provides that '[n]either a public entity nor a public ... adverse weather, no accident would have occurred' unpersuasive). We conclude N.J.S.A. 59:4-7 does not grant defendants immunity at this stage of the ...

docket:	a3751-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	35617

12 MIRIAM L. CHICAS v. TOWN OF KEARNY -- rank: 835

... A-1248-17T3 8 under (1) the weather condition immunity, N.J.S.A. 59:4-7; (2) the good-faith immunity, N.J.S.A. 59 ... 3-1(c). We disagree. 1. The Weather Condition Immunity N.J.S.A. 59:4-7 provides that '[n]either a public entity nor a public ...

docket:	a1248-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-10
status:	Unpublished
citation:
Document Size:	43077

13 ANTHONY CONFORTI v. MARIUSZ KANTOROWSKI -- rank: 835

... argued that it was entitled to weather immunity pursuant to N.J.S.A. 59:4-7. It also urged that plaintiffs could not establish all of ...

docket:	a3013-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-15
status:	unpublished
citation:
Document Size:	27793

14 RANDY PERRY v. NEW JERSEY SPORTS & EXPOSITION AUTHORITY -- rank: 815

... on the use of streets and highways of weather conditions." N.J.S.A. 59:4-7. That section was inapplicable here, however, because the accident did ...

docket:	a1965-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-12
status:	unpublished
citation:
Document Size:	75250

15 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 799

... various public entities, and the State raised weather immunity under N.J.S.A. 59:4-7. Ibid. The Law Division granted the State's motion, but ...

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