The Appellate Division recently held that the City of Elizabeth (City) and Elizabeth Board of Education (BOE) are immune from liability under the New Jersey Tort Claims Act (TCA) for injuries sustained by a child who was struck by a motor vehicle while crossing the street near a municipal park
A bill currently under consideration in the New Jersey Assembly would ban punitive damages against public entities. It would also eliminate awards of noneconomic damages against both public entities and public employees except in certain cases involving physical injury. Specifically, Assembly Bill No. 4252 amends the New Jersey Tort Claims
In Gomes v. Monmouth County, the Appellate Division of the New Jersey Superior Court held that the 90-day notice requirement under the New Jersey Tort Claims Act does not apply to government contractors. The Facts of the Case Plaintiff GinaMarie Gomes was briefly incarcerated at the Monmouth County Correctional Institution
Homework matters, even in baseball. The Appellate Division recently held that a local school board could not be held liable for the injuries suffered by Tenafly mother, who was struck by a baseball while attending her son’s game. The decision in Brigante v. Tenafly Board of Education addresses when a
Under the New Jersey Tort Claims Act, the standard of liability applied to a public entity depends on whether it exercised discretionary decision-making or performed ministerial acts. In Henebema v. South Jersey Transportation Authority, the Appellate Division considered whether a judge or jury should resolve that threshold dispute. The distinction
