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POLZO v. COUNTY OF ESSEX

No. A-1553-09T3.

DONALD T. POLZO, AS EXECUTOR FOR THE ESTATE OF MATHI KAHN-POLZO, and DONALD T. POLZO, individually, Plaintiff-Appellant/Cross-Respondent, v. COUNTY OF ESSEX, Defendant-Respondent/Cross-Appellant, and TOWNSHIP OF MILLBURN, STATE OF NEW JERSEY, and PUBLIC SERVICE ELECTRIC AND GAS, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 24, 2010.

Attorney(s) appearing for the Case

E. Drew Britcher argued the cause for appellant/cross respondent (Britcher, Leone & Roth, L.L.C., attorneys; Mr. Britcher, of counsel; Jessica E. Choper and Mindy Michaels Roth, on the brief).

Jeffrey B. Beacham argued the cause for respondent/cross-appellant (McGivney & Kluger, P.C., attorneys; Mr. Beacham, of counsel; Michael R. Sarno, on the brief).

Before Judges Sapp-Peterson and Espinosa.

PER CURIAM

This appeal arises out of a fatal cycling accident. The trial court granted partial summary judgment dismissing the complaint after concluding no genuinely disputed issue of fact existed as to whether Essex County (the County) had constructive notice of the allegedly dangerous condition on the roadway's shoulder. We reverse and remand for trial as to whether the County maintained a dangerous condition of its property pursuant to N.J.S.A.

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