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TROTH v. STATE

222 N.J. Super. 420 (1988)

537 A.2d 315

MARIE R. TROTH, INDIVIDUALLY, AS ADMINISTRATRIX OF THE ESTATE OF FLOYD L. TROTH, AND AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF FLOYD L. TROTH, PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1988.

Attorney(s) appearing for the Case

Valerie L. Egar, Deputy Attorney General, argued the cause for appellant. (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Valerie L. Egar, on the brief).

Gary D. Thompson argued the cause for respondent (Cresse, Carr, Peaslee and Thompson, attorneys; Gary D. Thompson, on the brief).

Before Judges SHEBELL, GAYNOR and ARNOLD M. STEIN.

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

The applicability of N.J.S.A. 59:4-8 to a boating accident on a State-owned lake is the determinative issue presented in this appeal.

By leave granted, the State appeals from the denial of its summary judgment motion for the dismissal of this personal injury and wrongful death action arising from an accident which occurred while plaintiff and decedent were fishing in a small motorboat on State...

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