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BROWN v. BROWN

86 N.J. 565 (1981)

432 A.2d 493

ANN MARIE BROWN, PLAINTIFF-RESPONDENT, v. ROBERT BROWN, TOWNSHIP OF BERKELEY, AND COUNTY OF OCEAN, DEFENDANTS, AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT. ROBERT BROWN, PLAINTIFF, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS, AND TOWNSHIP OF BERKELEY OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for appellants (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

William V. Kelly argued the cause for respondent (Starkey, Kelly, Cunningham, Blaney & Ward, attorneys).

The opinion of the Court was delivered by SCHREIBER, J.

In these automobile accident cases we are called upon to consider aspects of the State's immunity for discretionary activities under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 et seq., and the interplay of Evidence Rule 51, prohibiting the admission of remedial measures taken after an accident, with the Act's discretionary immunity provisions, N.J.S.A. 59:2-3.

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