A Capehart Scatchard Blog

Tag: Tort Claims Act

What Defenses Are Available to Public Entities for Falls on Public Sidewalks?

By on February 2, 2018 in Liability with 0 Comments

If a plaintiff is able to establish that it is the public entity who bears the responsibility for the condition of a public sidewalk which caused the plaintiff’s fall, the public entity may remain immune from liability based upon Tort Claims Act defenses. The public entity (municipality, county, or State) may defend on the basis […]

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Defendant Barred from Suing Public Entity Due to Failure to File Timely Tort Claims Act Notice

By on September 1, 2017 in Court Rulings with 0 Comments

On July 27, 2017, the New Jersey Supreme Court decided important issues concerning the ability of a defendant to sue a public entity in a third party claim.  In the case of Twanda Jones v. Morey’s Pier, 2017 N.J. LEXIS 812 (July 27, 2017), the Supreme Court decided that a defendant is barred from asserting […]

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Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery

By on February 3, 2017 in Awards with 0 Comments

By: Christopher J. Carlson, Esq. Editor: Betsy G. Ramos, Esq. The New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 to 59:13-10, requires that a Plaintiff seeking to recover damages from a public entity must prove as a threshold requirement that he or she sustained a “permanent loss of body function.” N.J.S.A. 59:9-2(d). The Appellate Division […]

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