Supreme Court of New Jersey
Stephen Kolitch
July 22, 1985100 N.J. 485
Summary
The Supreme Court of New Jersey reversed the Appellate Division and affirmed the trial court’s summary judgment in favor of the State, holding that the State is not liable under the Tort Claims Act for posting a speed‑limit sign near a hazardous curve because the posting is a discretionary function and does not constitute a "dangerous condition" that is palpably unreasonable. The Court reasoned that the sign merely communicated a lawfully established speed limit and that the State’s actions are protected by statutory immunities. Justice Handler dissented, arguing that the evidence shows a dangerous condition and that the State should be held liable.