Tag: Tort Claims Act
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 […]
Plaintiff’s Injury Claim Against Municipality Caused by Stepping Into Pothole Fails Due to Lack of Notice of Condition
Plaintiff Reginald Jones was injured when he was attempting to cross in the middle of Isabella Avenue in Irvington. While stepping off the curb, his foot became stuck in a hole in the street adjacent to the curb. It caused him to fall and suffer injuries. The issue in Jones v. Township of Irvington, 2024 […]
No Liability Found for Jersey City for Injury Caused by Trip and Fall on Uneven Pavement
Plaintiff Linda Emmanoulidis was walking her dog in Enos Park in Jersey City when she tripped and fell on an uneven pavement and sustained injuries. The issue in Emmanoulidis v. City of Jersey City, 2023 N.J. Super. Unpub. LEXIS 477 (App. Div. Mar. 30, 2023) was whether the City could be liable for a pedestrian […]
Plaintiff’s Loss of Balance May Satisfy the Permanency Requirement of the Tort Claims Act
Plaintiff Berta Abreu Flores was injured as a result of a collision by the defendant North Hudson Regional Fire & Rescue Department’s fire engine. During a training exercise, the fire engine crossed the road and struck the front of her residence opposite the fire house where plaintiff was working on the first floor. She claimed […]
Court Finds That Minor’s Left Elbow Fracture May Meet Permanency Requirement of Tort Claims Act
Plaintiff T.R.C. through his guardian ad litem Ada Cardenas filed a personal injury complaint against defendants, Harrison Board of Education, Harrison In District Day School, and the Town of Harrison due to an injury in the preschool program at the Harrison In District Day School. The minor plaintiff, while playing on the playground equipment, fell […]
Newark Police Officers Immune from Tort Liability for Injuries that Occurred During a Vehicle Pursuit
By: Ruhani K. Aulakh, Law ClerkEdited by: Betsy G. Ramos, Esq. Priscilla Godoy was standing in between two parked cars in a line of several cars on May 5, 2018. As she was standing in between these cars, a Jeep Cherokee involved in a police chase crashed into a parked car several feet away from […]
Superior Court Upholds Tort Claims Act Protections for Failure to Warn of a Dangerous Condition
The New Jersey Tort Claims Act provides that “a public entity is not liable for an injury” caused by an act or omission “[e]xcept as otherwise provided by this act.” Under the Act, immunity is the rule and liability is the exception. Posey ex rel. v. Bordentown Sewerage Auth., 171 N.J. 172 (2002). One exception […]
Court Finds Township Not Liable for Injury Caused by Plaintiff’s Fall Off Bicycle Due to Hitting Pothole
Plaintiff Alyssa Molcho was riding her bicycle on Heath Avenue in Ocean Township when she swerved to avoid a car and claimed that her rear tire went into a pothole. That caused her to fall off her bike and onto the curb, resulting in injuries. The issue in Molcho v. Township of Ocean, 2023 N.J. […]
Court Finds Plaintiffs Presented Extraordinary Circumstances Sufficient to Permit Filing of a Late Notice of Tort Claim
This matter arose from a tragic fire that occurred on April 8, 2021, at the three-story single-family residence owned by the defendant Newark Housing Authority and occupied by plaintiff Kadisha Jones Richardson and her five children. Plaintiff Tyron Hartfield, the biological father of four of the five children, was also present at the time of […]
Municipal Parking Authority Found to Be Immune From Tort Liability for Claim Resulting From Its Snow Removal Activities
Plaintiff Nancy Valdez was at a multi-story parking garage in Union City, owned by the Union City Parking Authority (UCPA), on December 11, 2017. She was at the garage to renew her residential parking pass. Due to a prior snowstorm, snow piled on an upper deck melted and re-froze on the downhill parking ramp. As […]
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