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 summary judgment in favor of the Department of Transportation and remanded for trial, holding that material factual disputes existed as to whether the department’s maintenance actions were covered by the immunity provisions of N.J.S.A. 59:2-3 and 59:4-6. The Court emphasized that discretionary‑function immunity is limited to high‑level policy decisions and does not shield negligent maintenance, and it noted a dissent that would have affirmed the summary judgment.