Dennis Garrison, Plaintiff-Respondent v. Township of Middletown, Defendant-Appellant, New Jersey Transit, Defendant

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the Law Division’s summary judgment dismissing the plaintiff’s claim. The Court held that under N.J.S.A. 59:4-1a a "dangerous condition" exists only when the property creates a substantial risk of injury when used with due care, and the plaintiff’s use of the parking lot for night touch football was not with due care. Accordingly, no dangerous condition was found and summary judgment was proper. Justice Stein’s concurring opinion criticized the majority’s reasoning but agreed with the result.