Tag: Tort Claims Act
Municipality Found to Have No Liability for Injury Caused by Trip on Uneven Boards on Boardwalk
Plaintiff Jessica Feeney tripped and fell while walking on the boardwalk in the City of Atlantic City. She sued the City claiming that she tripped on uneven boards and that the City was negligent in causing the dangerous condition and that it failed to timely repair the condition. The issue in Feeney v. City of […]
Court Rules That County Not Vicariously Liable for the Alleged Negligent Acts of Its Independent Contractor
Plaintiff Wiggins Plastics, Inc. sued the County of Passaic and its contractor Assuncao Brothers, Inc. (“Assuncao”) for damages claimed to its property following the effects of Hurricane Ida. Plaintiffs claimed that their properties were damaged due to the negligent acts related to a bridge replacement project, contracted by the County of Passaic to defendant Assuncao […]
Plaintiff’s Personal Injury Claim Against NJ Transit Barred Due to Her Failure to Timely File a Notice of Tort Claim
On August 16, 2022, plaintiff Kathryn Hutchins claims to have suffered an injury while a passenger on a NJ Transit bus when it collided with a moped. The Jersey City Police Department investigated the accident and prepared a report containing information regarding the accident and plaintiff’s injuries. However, plaintiff failed to file with NJ Transit […]
Court Dismisses Plaintiff’s Personal Injury Claim Caused by Fall in Pothole Located in Crosswalk
Plaintiff Nelly Reis a/k/a Nelly Gonclaves and her husband filed a lawsuit against the City of Newark for her personal injuries. She alleged that she tripped and fell in a pothole, a couple of feet outside of a crosswalk, while she was crossing an intersection in the City of Newark. The issue in Reis v. […]
Plaintiff Unable to Establish That Stone Filler in Front of Township Recycling Box Car Constituted a Dangerous Condition
Plaintiff Lois Henry suffered an injury from a fall on gravel after arrival at the Cranford Conservation Center, a recycling facility owned and maintained by the Township of Cranford. The facility had box cars designated for different types of recycling. In front of the containers was a filler of mixed stones. The issue in Henry […]
State Found Immune From Liability for Auto Accident Based Upon Tort Claims Act Immunities
Plaintiff Ralph Jameson was injured in an automobile accident while he was driving around a traffic circle (Cranbury Circle) in Cranbury Township. His vehicle collided with a truck driven by defendant Richard Kyle. The issue in Jameson v. DRD Int’l, Inc., 2024 N.J. Super. Unpub. LEXIS 1481 (App. Div. July 8, 2024) was whether the […]
Prosecutor’s Office Found Not Liable for Civil Claim in Prosecuting Former Police Officer for Criminal Acts
Plaintiff Thomas Aletta, a former police officer for the Hackensack Police Department sued the Bergen County Prosecutor’s Office, State of New Jersey, Prosecutor John Molinelli, Assistant Prosecutor Daniel Keitel, and Prosecutor Investigator Lieutenant Jay Haviland after he was acquitted of official misconduct, conspiracy and evidence tampering. He alleged a politically motivated conspiracy to prosecute him contrary […]
Appellate Division Rules That Department of Transportation and State of New Jersey Were Not Liable for Injury Caused by Pothole
By: Uyen Nguyen, Law ClerkEdited By: Betsy G. Ramos, Esq. Plaintiff Josef and Stefani Langel filed a complaint against Defendants New Jersey Department of Transportation (DOT), State of New Jersey, county, municipal, and private entities, alleging that Defendants’ failure to provide proper warning and repair a pothole in the roadway caused his injuries when he […]
Police Officer Found to Be Immune From Liability for an Accident Caused by High Speed Chase
Plaintiffs Omer Jackson and Sharonda Jackson sued defendants County of Hudson, Hudson County Sheriff’s Office, and Officer Renato Maure-Cascaret for injuries suffered by Omer when his car was hit by a car that was being pursued in a high speed chase by Officer Maure-Cascaret. The defendants successfully filed for a motion for summary judgment, obtaining […]
Court Permits Plaintiff To File Late Notice Of Tort Claim
This case involved a tragic accident in which four members of a family were involved in a one-vehicle accident at a toll plaza on the Atlantic City Expressway. Due to this accident, three of the family members were killed and the fourth member, a 12 year old girl, was severely injured. To be able to […]
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