Search Rutgers Law Library N.J. Court Opinions

1 Fluehr v. City of Cape May -- rank: 1000

... Tort Claims Act's (TCA) immunity for unimproved public property, N.J.S.A. 59:4-8, applies to a claim filed by a surfer for injuries ... was protected by the unimproved property immunity of the TCA, N.J.S.A. 59:4-8. Fleuhr , supra , 303 N.J. Super. at 483. Second, the trial court determined that the unimproved property immunity under N.J.S.A. 59:4-8 trumped the imposition of liability for negligent supervision provided under ... forces of the ocean, based on the unimproved property immunity, N.J.S.A. 59:4-8.     Plaintiff concedes that both the trial court and the Appellate ... May contends that it is entitled to immunity pursuant to N.J.S.A. 59:4-8 and -9. The unimproved public property immunity provides:         Neither a ... natural condition of any lake, stream, bay, river or beach.         [ N.J.S.A. 59:4-8.] Section 4-9, titled “Unimproved and unoccupied portions of ...

docket:	a-136-97
court:	njsupreme
decided:	1999-05-26
status:
citation:	159 N.J. 532
Document Size:	98800

2 MICHAEL AVERSANO, et al. v. PALISADES INTERSTATE PARKWAY COMMISSION, et al. -- rank: 985

... for injuries caused by a condition of unimproved public property. N.J.S.A. 59:4-8. In addition, they argued that the Landowners' Liability Act, N ... were immune from liability pursuant to the Tort Claims Act, N.J.S.A. 59:4-8, as well as the Landowner's Liability Act, N.J ... v. N.J. Transit , supra , 128 N.J. at 383. N.J.S.A. 59:4-8 provides that "[n]either a public entity nor a public ... public tidelands and submerged lands. In explaining the purpose of N.J.S.A. 59:4-8 and -9, the Attorney General's Task Force commented: Sections ... in Margolis and Novack , Claims Against Public Entities , comment to N.J.S.A 59:4-8 and 59:4-9 (2003).] After pointing out that the ... cliff from which Andrew fell, however, was clearly unimproved property. N.J.S.A. 59:4-8 immunity therefore would apply if Andrew's injuries were ...

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 THERESA LEE v. STATE OF NEW JERSEY -- rank: 897

... their motion upon explicit immunities codified in the TCA, including N.J.S.A. 59:4-8 (regarding the condition of unimproved public property, including rivers), and ... TCA by specific immunities set forth, among other things, in N.J.S.A. 59:4-8 and N.J.S.A. 59:4-9. Both of ... contiguous Park satisfy the definition of "unimproved" property. More specifically, N.J.S.A. 59:4-8 mandates that: Neither a public entity nor a public employee ... noted, the river is "unimproved" property within the ambit of N.J.S.A. 59:4-8. Additionally, as defendants' supporting certifications establish without contradiction, the State ... beyond the waterline on the river bank. The immunity of N.J.S.A. 59:4-8 is therefore clearly on point. To the extent that Benjamin ... trial judge rejected the claim and granted summary judgment under N.J.S.A. 59:4-8. Ibid. Both this court and the Supreme Court affirmed ...

docket:	a1077-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-23
status:	unpublished
citation:
Document Size:	65270

4 SHANA FAITH MASSACHI, as Administratrix and Administratix ad Prosequendum of the Estate of Sohayla Massachi and ANDY FULLER Administrator of the Estate of Pamala Joy Fuller v. AHL SERVICES, INC., USA SECURITY SERVICES, INC ARGENBRIGHT SECURITY, INC DA -- rank: 885

... 2A:42A-3 (the LLA) and to public entities under N.J.S.A. 59:4-8, a portion of the TCA, should be limited accordingly. Id ... decision, which had found immunity under both the LLA and N.J.S.A. 59:4-8, and remanded for further proceedings. Ibid. On appeal, the Court ... regarding the reach and effect of unimproved-property immunity under N.J.S.A. 59:4-8." Id. at 331. In particular, the Court agreed with our conclusion that the immunity provided by N.J.S.A. 59:4-8 does not apply "if the cliff's dangerous natural condition ...

docket:	a1113-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-15
status:
citation:
Document Size:	73308

5 COREY WILKINSON v. SEAGIRT NATIONAL GUARD ARMY TRAINING CENTER -- rank: 862

... public property, and defendants were entitled to immunity pursuant to N.J.S.A. 59:4-8. Defendants contended the placement of rocks on the sand dunes ... the property 'improved.' Therefore, defendants were immunized from liability under N.J.S.A. 59:4-8. The court rejected plaintiff's negligent supervision claim, finding defendants ... Dentistry of N.J., 213 N.J. 130, 134 (2013)). N.J.S.A. 59:4-8 provides that '[n]either a public entity nor a public ... could be considered an improvement and thus immunity pursuant to N.J.S.A. 59:4-8 did not apply, even though the lake and surrounding wildlife ... 1978). Id. at 236-37. The defendants claimed immunity under N.J.S.A. 59:4-8. Id. at 236. We reasoned 'that the test to be applied in determining the applicability of N.J.S.A. 59:4-8 is whether the property is unimproved. Whether the injury ...

docket:	a2165-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-09
status:	Unpublished
citation:
Document Size:	28313

6 /usr/local/share/www/libweb/collections/courts/appellate/a1832-18.opn.html -- rank: 809

... 6 immunity from liability provision of the Tort Claims Act, N.J.S.A. 59:4- -8 and 4-9, and was otherwise immune because plaintiff could ... judgment. In a comprehensive oral opinion, the judge concluded that N.J.S.A. 59:4-8 provides that neither a public entity nor a public employee ... force of the waves, the current, and the tides. Applying N.J.S.A. 59:4-8, the judge determined that neither a public entity nor a ... quoting Coyne v. DOT, 182 N.J. 481, 488 (2005)). N.J.S.A. 59:4-8 and 59:4-9, referred to jointly as 'the unimproved ... public property immunity' statutes, address dangerous conditions of public property. N.J.S.A. 59:4-8 provides that, '[n]either a public entity nor a public ... lands here was not subject to any 'substantial physical modification.' [ N.J.S.A.] 59:4-8 and 59:4-9 reflect the policy determination that ...

docket:
court:
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Document Size:	35461

7 WILLIAM FLEUHR V. CITY OF CAPE MAY ET AL -- rank: 757

... order dismissing his complaint based on the unimproved property immunity, N.J.S.A. 59:4-8, afforded by the New Jersey Tort Claims Act (Tort Claims ... the unimproved property immunity afforded by the Tort Claims Act, N.J.S.A. 59:4-8. In reliance on this immunity, defendant moved for summary judgment ... opinion, the motion judge reasoned that the immunity granted under N.J.S.A. 59:4-8 precludes this action because "the injury was caused exclusively by ... 2-7, N.J.S.A. 59:3-11 and N.J.S.A. 59:4-8. N.J.S.A. 59:2-7 provides:         A public ... on N.J.S.A. 59:3-11.     By contrast, N.J.S.A. 59:4-8 provides:         Neither a public entity nor a public employee is ... directly interpreted the applicability of the unimproved property immunity of N.J.S.A. 59:4-8 to a guarded beach. There have been cases which ...

docket:	a0846-96
court:	njappellate
decided:	1997-07-30
status:	published
citation:	<a href=
Document Size:	24923

8 DOUG PERKINS v. BOROUGH OF MANASQUAN -- rank: 751

... not be held liable for plaintiff's injuries pursuant to N.J.S.A. 59:4-8 of the Tort Claims Act (TCA). The motion judge denied ... is no 'beach' for purposes of the immunities intended by N.J.S.A. 59:4-8.' N.J.S.A. 59:4-8 states: 'Neither a public entity nor a public employee is ... of proving the bulkhead was 'unimproved public property' pursuant to N.J.S.A 59:4-8 to be granted summary judgment. Moreover, summary judgment was inappropriate ...

docket:	a0902-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-08
status:	Unpublished
citation:
Document Size:	53464

9 Aversano v. Palisades Interstate Parkway Commission -- rank: 748

... from liability under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:4-8, in a situation in which the decedent fell off a ... to public entities under the New Jersey Tort Claims Act, N.J.S.A. 59:4-8, when the public property's natural condition was not the ... on the reach and effect of unimproved-property immunity under N.J.S.A. 59:4-8. In respect of the question whether immunity applies if the ... from liability under the Tort Claims Act (the TCA), specifically N.J.S.A. 59:4-8, which pertains to injuries caused by conditions of unimproved public ... regarding the reach and effect of unimproved-property immunity under N.J.S.A. 59:4-8. The panel framed the issue this way: "The question that ...

docket:	a-54-03
court:
decided:	2004-07-08
status:
citation:
Document Size:	59244

10 CAROL LEONARD v. CITY OF NEW BRUNSWICK -- rank: 730

... 341, 346 (1992). Particularly, the parties dispute the application of N.J.S.A. 59:4-8, which immunizes public entities from injuries caused by conditions on ... imposing principals with specific immunities, including those set forth in N.J.S.A. 59:4-8 and N.J.S.A. 59:4-9. Both of ... v. State, 117 N.J. 258, 269-70 (1989). Specifically, N.J.S.A. 59-4:8 mandates that: Neither a public entity nor a public employee ... property. To hold otherwise would impermissibly broaden the scope of N.J.S.A. 59:4-8. We next turn to whether the Raritan River was improved, thereby rendering it outside of the scope of N.J.S.A. 59:4-8. Although plaintiff correctly asserts Boyd Park is an improved property ... Devine's] accident occurred on property [that] is 'improved' under N.J.S.A. 59:4-8.' Kowalsky, supra, 72 F.3d at 390. Plaintiff fails ...

docket:	a5560-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-14
status:	unpublished
citation:
Document Size:	25184

11 MARC RUSSI v. CITY OF NEWARK -- rank: 722

... 2A:42A-1 to - 10, the unimproved public property immunity, N.J.S.A. 59:4-8, and common law immunity. In applying LLA immunity, the judge ...

docket:	a1064-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-17
status:	Published
citation:
Document Size:	18333

12 SUZANNE PAGONIS v. BOROUGH OF ALLENDALE -- rank: 681

... The judge also determined that Allendale was immune pursuant to N.J.S.A. 59:4-8, which provides, 'Neither a public entity nor a public employee ... not 'unimproved property,' the judge misapplied the immunity provided by N.J.S.A. 59:4-8. Finally, plaintiff argues Allendale failed to assert the LLA as ... 11, we need not consider whether the immunities provided by N.J.S.A. 59:4-8 and the LLA apply to these facts. III. We also ...

docket:	a4071-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-22
status:	Unpublished
citation:
Document Size:	29983

13 GREGORY CRESCENZO v. MARGATE CITY BEACH PATROL -- rank: 649

... erred by concluding defendants were entitled to immunity pursuant to N.J.S.A. 59:4-8, 3 A-1741-16T 3 N.J.S.A. 59 ... defendants were entitled to the unimproved property immunity pursuant to N.J.S.A. 59:4-8, which provides '[n]either a public entity nor a public ... river or beach.' In reaching this conclusion, he found that N.J.S.A. 59:4-8 immunized defendants from liability because plaintiff's injuries were caused exclusively by the ocean. Immunity pursuant to N.J.S.A. 59:4-8 is inapplicable if the natural dangerous condition was not the ...

docket:	a1741-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-08
status:	unpublished
citation:
Document Size:	22773

14 SUSAN ZELLER v. NEW JERSEY STATE POLICE -- rank: 584

... to the defendants, holding that the immunity for unimproved property, N.J.S.A. 59:4-8, and any Landowner Liability Act ( N.J.S.A. 2A ...

docket:	a1751-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-06
status:	unpublished
citation:
Document Size:	44328

15 MARYELLEN ASCOUGH v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 573

... plaintiff's claim was barred by the immunity established by N.J.S.A. 59:4-8 "for an injury caused by a condition of any unimproved ... s accident. This conclusion makes it unnecessary to consider whether N.J.S.A. 59:4-8 provides immunity from this kind of claim 2 or whether ... other grounds , 159 N.J. 532 (1999), we held that N.J.S.A. 59:4-8 does not provide immunity to a public entity or employee ... 92 (3d Cir. 1995), the Third Circuit had concluded that N.J.S.A. 59:4-8 does provide immunity from such a claim. The Supreme Court ...

docket:	a5079-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	17172