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WOOLEY v. BD. OF CHOSEN FREEHOLDERS

218 N.J. Super. 56 (1987)

526 A.2d 1116

EVELYN WOOLEY AND JOHN WOOLEY, PLAINTIFFS-APPELLANTS, v. BOARD OF CHOSEN FREEHOLDERS, COUNTY OF MONMOUTH, STATE OF NEW JERSEY; MONMOUTH COUNTY BRIDGE DEPARTMENT AND/OR MONMOUTH COUNTY HIGHWAY DEPT., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Jeffrey S. Roth argued the cause for appellants (Roth & Roth, P.A., attorneys).

Charles P. Hopkins argued the cause for respondents (Sparks & Sauerwein, attorneys).

Before Judges GAYNOR and SCALERA.

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

In this negligence action, plaintiffs appeal from the summary judgment dismissing their complaint, contending that the existence of factual issues precluded such a disposition. We agree and reverse.

On December 1, 1981 plaintiff, Evelyn Wooley, was proceeding in her car across the bridge on Old Corliss Avenue in Neptune Township when the car skidded on ice, careened down

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