William A. Hoy, Plaintiff-Appellant v. Thomas Capelli and Jean B. Capelli, Defendants-Appellants, and City of…

Summary

The Supreme Court of New Jersey affirmed the trial court's grant of summary judgment to the City of Wildwood, holding that the municipality's removal of a traffic light without immediate replacement does not constitute "active wrongdoing" and therefore municipal immunity bars liability. The Court explained that an omission alone, absent a negligent act of commission, does not create a cause of action against a governmental entity performing a discretionary function.