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PATERNOSTER v. N.J. TRANSP. DEPT.

190 N.J. Super. 11 (1983)

461 A.2d 759

JOSEPHINE PATERNOSTER, INDIVIDUALLY AND AS ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ALEXANDER PATERNOSTER, DECEASED; JAMES HUGHES AND ELIZABETH HUGHES, INDIVIDUALLY AND AS PARENTS AND GUARDIANS OF ARTHUR HUGHES, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT-THIRD-PARTY PLAINTIFF, COUNTY OF OCEAN, DEFENDANT-RESPONDENT, TOWNSHIP OF DOVER, DEFENDANT-THIRD-PARTY PLAINTIFF, v. ROBERT AMBROSE AND ESTATE OF MARLENE WILLIAMS, THIRD-PARTY DEFENDANTS. ROBERT WILLIAMS, AS ADMINISTRATOR AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF MARLENE WILLIAMS, DECEASED, AND AS ADMINISTRATOR OF THE ESTATE OF MARLENE WILLIAMS, DECEASED, PLAINTIFF-APPELLANT, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT-THIRD-PARTY PLAINTIFF, COUNTY OF OCEAN, DEFENDANT, TOWNSHIP OF DOVER, DEFENDANT-THIRD-PARTY PLAINTIFF, v. JAMES HUGHES, ESTATE OF ALEXANDER PATERNOSTER, AND ROBERT AMBROSE, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1983.

Attorney(s) appearing for the Case

Harold N. Hensel argued the cause for appellant Paternoster (Carluccio & Liston, attorneys; Daniel J. Carluccio, of counsel); William V. Kelly argued the cause for appellant Williams (Starkey, Kelly, Cunningham, Blaney & White, attorneys; Harold N. Hensel, on the joint brief).

Benjamin Clarke, Deputy Attorney General, argued the cause for respondent State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Benjamin Clarke, on the brief).

Thomas F. Kelaher argued the cause for respondent County of Ocean (Gelzer & Kelaher, attorneys; J. Michael Hartnett, on the brief).

Dominic Ravaschiere argued the cause for defendant Township of Dover (Lomell, Muccifori, Adler, Ravaschiere & Amabile, attorneys; Nancy C. Ferro, on the brief).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.

The opinion of the court was delivered by BISCHOFF, P.J.A.D.

Plaintiffs sued defendant public entities for damages resulting from a fatal automobile collision allegedly caused by high piles of snow which obstructed the motorists' view of the road at the intersection. The trial judge granted defendants' motions for summary judgment ruling that they enjoyed "a broad blanket immunity" for snow-removal activities.

The record before the trial judge on the summary...

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