Dangerous Condition
Kathryn M. Van Orden v. Borough of Woodstown, et. al. (Opinion)
Category: State-Created Danger claim
Terms: state-created danger doctrine; due process; right to bodily integrity; foreseeability; “fairly direct”; causation
Summary: The Plaintiff brought suit against the Borough of Woodstown, as well as the County, State, and related public entities, after her daughter tragically drowned while in her vehicle after a state highway (Route 40) flooded during Hurricane Irene. The Plaintiff alleged that the Borough of Woodstown actions in opening the floodgates of a nearby dam without first closing Route 40 constituted a state-created danger, in violation of 42 U.S.C. 1983. The US Court of Appeals for the Third Circuit affirmed the District Courts granting of summary judgment in favor of the Borough of Woodstown, holding that the Plaintiff failed to produce evidence demonstrating that the harm ultimately caused was both foreseeable and fairly direct. The Court found that the Plaintiff could not show that the harm was a sufficiently direct result of the actions of the Borough of Woodstown to support liability.
Polzo v. County of Essex (Opinion)
Category: Dangerous Condition
Terms: Road Surface Defect; Palpably Unreasonable
Summary: N.J. Supreme Court decision regarding constructive notice of a dangerous pothole condition and whether the failure to correct was palpably unreasonable.
Robinson v. City of Ocean City (Opinion)
Category: Dangerous Condition
Terms: Roadway Maintenance; Pothole; Notice; Palpably Unreasonable
Summary: U.S. District Court decision regarding a knee injury from stepping in a pothole. The Court found that there was no notice of the dangerous condition and the inaction was not palpably reasonable.
Category: Dangerous Condition
Terms: Sidewalk Trip and Fall; Commercial; Injury Threshold
Summary: Motion for Summary Judgment for a trip and fall over broken sidewalk, adjacent to commercial property.
Morey v. Borough of Wildwood Crest (Brief)
Category: Dangerous Condition
Terms: Trip and Fall on Public Property
Summary: Motion for Summary Judgment regarding notice of dangerous condition and whether the failure to correct was palpably unreasonable.
McCleary v. City of Wildwood (Opinion)
Category: Dangerous Condition
Terms: Trip and Fall, Boardwalk, Notice; Palpably Unreasonable
Summary: U.S. District Court granted Summary Judgment for Defendants because of Plaintiff’s inability to establish a dangerous condition, notice and palpably unreasonable conduct.
Childs v. City of Somers Point (Opinion)
Category: Dangerous Condition
Terms: Roadway Maintenance; Road Surface Defect; Sinkhole; Constructive Notice; Palpably Unreasonable
Summary: N. J. Appellate Division reversed and remanded the granting of a Summary Judgment Motion finding that there was notice of the dangerous condition, and that the determination as to whether the conduct of the City was palpably unreasonable is a jury question.
Redelheim v. City of Margate (Memorandum of Decision)
Category: Injury Threshold; Dangerous Condition
Terms: Net Opinion; Palpably Unreasonable; Actual and Constructive Notice
Summary: Judge James Isman’s Decision on a Summary Judgment Motion regarding actual or constructive notice of a dangerous condition (sinkhole) and whether the failure to correct the condition was palpably unreasonable. Also, a discussion regarding the TCA Injury Threshold. The Summary Judgment Motion was granted.
Ippoliti v. City of Wildwood (Memorandum of Decision)
Category: Dangerous Condition
Terms: Palpably Unreasonable; Actual or Constructive Notice; Issue of Material Fact
Summary: Judge J. Christopher Gibson’s Decision on a Summary Judgment Motion regarding actual or constructive notice of a dangerous condition on the Wildwood Boardwalk and whether the failure to correct that condition was palpably unreasonable. The Summary Judgment Motion was denied.
Walter v. City of Ocean City et als (Memorandum of Decision)
Category: Dangerous Condition- Snow & Ice
Terms: Slip and Fall; Boardwalk; Snow Removal Immunity; Palpably Unreasonable; Actual or Constructive Notice
Summary: Judge J. Christopher Gibson’s Decision on a Summary Judgment Motion regarding notice of a dangerous condition on the Ocean City Boardwalk and whether the failure to correct that condition was palpably unreasonable. Defendant Ocean City’s Motion for Summary Judgment was granted, finding that the City was immune from liability based upon the common law immunity for snow removal activities.
Woehlcke v. The Township of Lower(Memorandum of Decision)
Category: Dangerous Condition
Terms: Trip and Fall on Public Property; Palpably Unreasonable; Actual or Constructive Notice
Summary: Judge J. Christopher Gibson’s Decision on a Summary Judgment Motion regarding notice of a dangerous condition in a grassy area behind the municipal complex and whether the failure to correct that condition was palpably unreasonable. Summary Judgment was granted for the Defendants because of Plaintiff’s inability to establish a dangerous condition, actual or constructive notice and that the failure to correct the condition was palpably unreasonable conduct.
Gold v. City of Ocean City, et al. (Memorandum of Decision)
Category: Dangerous Condition- Snow & Ice
Terms: Slip and Fall on Public Property; Snow removal; common law immunity; Palpably Unreasonable; Actual or Constructive Notice; Issue of Material Fact
Summary: Judge J. Christopher Gibson’s Decision on a Summary Judgment Motion regarding notice of a dangerous condition(snow and/or ice accumulation) in the vicinity of a municipal alleyway and sidewalk and whether the failure to correct that condition was palpably unreasonable. Summary Judgment was granted for the Defendant because of the common immunity from liability for injuries arising out of snow-removal activities.