Defendant Did Not Have Constructive Notice of Uncovered Manhole to Satisfy Requirements of New Jersey Tort Claims Act

Marshall Dennehey
Contact

The New Jersey Appellate Division affirmed granting of summary judgment for the City of Newark in a case where a manhole cover became dislodged during a heavy rain storm. The plaintiff lost control of her car after driving over the open manhole. The court found that the plaintiff was unable to establish either actual or constructive notice, since there were no facts as to how the manhole cover had been dislodged, nor admissible evidence that the City of Newark knew or should have known about the open manhole in the street.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Marshall Dennehey | Attorney Advertising

Written by:

Marshall Dennehey
Contact
more
less

Marshall Dennehey on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide