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FOX v. TOWNSHIP OF PARSIPPANY-TROY-HILLS

199 N.J. Super. 82 (1985)

488 A.2d 557

GARY F. FOX AND GERALDINE V. FOX, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF PARSIPPANY-TROY-HILLS, DEFENDANT-RESPONDENT, AND D & H ENTERPRISES, CAREW CORPORATION AND TRI-COUNTY ASPHALT, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1985.

Attorney(s) appearing for the Case

Cynthia A. Walters argued the cause for appellants (Porzio, Bromberg & Newman, attorneys; Marc Z. Edell, of counsel, Cynthia A. Walters, on the brief).

Douglas S. Brierley argued the cause for respondent (Schenck, Price, Smith & King, attorneys; David S. Cramp, of counsel, Douglas S. Brierley, on the brief).

Before Judges MICHELS, PETRELLA and BAIME.

The opinion of the Court was delivered by MICHELS, P.J.A.D.

Plaintiffs Gary F. Fox and Geraldine V. Fox appeal from an order of the Law Division entered in favor of defendant Township of Parsippany-Troy Hills (Township) that denied their motion for a new trial. This appeal concerns the burden of proof with respect to the question of "palpably unreasonable" conduct of a public entity under the provisions of N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act....

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