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DEPENDABLE CONTAINER SERV., INC. v. N.J. TP. AUTH.

135 N.J. Super. 238 (1975)

343 A.2d 118

DEPENDABLE CONTAINER SERVICE, INC., PLAINTIFF-APPELLANT, v. NEW JERSEY TURNPIKE AUTHORITY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1975.

Attorney(s) appearing for the Case

Messrs. Ronca & McDonald, attorneys for appellant (Mr. John J. Ronca on the brief).

Messrs. McElroy, Connell, Foley & Geiser, attorneys for respondent (Mr. William H. Graham, of counsel and on the brief).

Before Judges KOLOVSKY, LYNCH and ALLCORN.

PER CURIAM.

The New Jersey Turnpike Authority is so plainly and clearly a public entity within the meaning of that term as defined in N.J.S.A. 59:1-3, as to leave no room for construction. See N.J.S.A. 27:23-1 et seq. Consequently, the present action — a subrogation action in which the insurer of the plaintiff is the real party in interest — is barred by the express proscription contained in the New Jersey Tort Claims Act. N.J...

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