Search Rutgers Law Library N.J. Court Opinions

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

... lakes, bays, estuaries, inlets and straits owned by the State.         [ N.J.S.A. 59:4-9.] The Comment on Sections 4-8 and 4-9 expresses ... the price to be paid for benefits received.         [Comment on N.J.S.A. 59:4-9.] The Comment also states:         The exposure to hazard and risk ...

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: 980

... natural condition of any lake, stream, bay, river or beach." N.J.S.A. 59:4-9 grants similar immunity for injuries caused by a condition of ... use." Margolis and Novack, Claims Against Public Entities , comment to N.J.S.A. 59:4-9 (1997). The same adverse consequences may also follow from exposing ...

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: 914

... regarding the condition of unimproved public property, including rivers), and N.J.S.A. 59:4-9 (regarding the condition of, among other things, the unimproved and ... things, in N.J.S.A. 59:4-8 and N.J.S.A. 59:4-9. Both of these immunities cover "unimproved" public property or waterways ... stream, bay, river or beach . [(Emphasis added).] In like manner, N.J.S.A. 59:4-9 provides a related immunity for injuries caused by the condition ... the condition of the river bed below the water itself, N.J.S.A. 59:4-9 separately insulates defendants from liability for such a dangerous condition within "submerged lands." N.J.S.A. 59:4-9 therefore provides an independent basis for immunity that is applicable ... for benefits received. [ See id. at 540 (quoting Comment on N.J.S.A. 59:4-9).] The legislative commentary also states: The exposure to hazard ...

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status:	unpublished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

4 /usr/local/share/www/libweb/collections/courts/appellate/a1832-18.opn.html -- rank: 911

... lakes, bays, estuaries, inlets and straits owned by the State.' N.J.S.A. 59:4-9. Our Supreme Court has explained that unimproved public property immunity ... particular condition is a dangerous one. [Ibid. (quoting cmt. on N.J.S.A. 59:4-9).] In Troth, the plaintiff’s boat went over a spillway ... the condition of the Inlet bed below the water itself, N.J.S.A. 59:4-9 independently insulates defendants here from liability for such a dangerous condition within the definition of 'submerged lands.' N.J.S.A. 59:4-9 therefore provides an independent basis for immunity that is applicable ...

docket:
court:
decided:
status:
citation:
Document Size:	35461

5 CAROL LEONARD v. CITY OF NEW BRUNSWICK -- rank: 720

... forth in N.J.S.A. 59:4-8 and N.J.S.A. 59:4-9. Both of these immunities cover 'unimproved' public property or waterways ... condition of any lake, stream, bay, river or beach. Similarly, N.J.S.A. 59:4-9 provides a related immunity for injuries caused by the condition ... the condition of the river bed below the water itself, N.J.S.A. 59:4-9 separately insulates the City from liability for such a dangerous ...

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