Joseph Costa, General Administrator and Administrator Ad Prosequendum of the Estates of Edward J. Flocco, Jr., and…

Summary

The Supreme Court of New Jersey reversed the trial court’s grant of summary judgment to the Department of Transportation, holding that genuine factual disputes exist concerning whether the Department’s resurfacing of a center barrier falls within the plan‑or‑design or discretionary immunity provisions of the New Jersey Tort Claims Act. The Court concluded that the statutory immunity does not protect the Department from liability for negligent maintenance, and remanded for a full trial. Justice Clifford, dissenting, would have affirmed the summary judgment.