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 dismissal of the plaintiff’s claim against the Township of Middletown. The Court held that under the Tort Claims Act a property is a “dangerous condition” only if it creates a substantial risk of injury when used with due care, and the plaintiff’s use of the parking lot for night football was not a use with due care. A concurrence filed by Justice Stein disagreed with the majority’s analysis of the “due care” requirement and would have affirmed summary judgment on proximate‑cause grounds.