Ian Michael Wymbs, an Infant by His Guardians Ad Litem Jesse B. Wymbs and Lillian Wymbs, and Jesse B. Wymbs and…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that prior‑accident evidence may be admitted as substantive proof of a dangerous condition if the accidents are substantially similar and no other causes exist, that prior signage and engineering‑plan evidence are limited to notice, and that the trial court erred by allowing surprise testimony without proper discovery compliance. The decision rests on the proper application of the New Jersey Tort Claims Act and discovery rules.