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PICO v. STATE

116 N.J. 55 (1989)

560 A.2d 1193

LORETTA A. PICO, PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND COUNTY OF PASSAIC AND ERIC A. WALLER, DEFENDANTS, AND TOWNSHIP OF WAYNE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 25, 1989.

Attorney(s) appearing for the Case

Glenn R. Jones, Deputy Attorney General, argued the cause for appellant (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Benjamin Clarke, Deputy Attorney General, of counsel).

Michael S. Kopelman argued the cause for respondent Loretta A. Pico.

Michael L. Grabler argued the cause for respondent Township of Wayne (Lee Graham Karosen, attorney).

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

The narrow issue on this appeal is whether defendant State of New Jersey (the State) is immune from liability to plaintiff, Loretta A. Pico (Pico or plaintiff), under the weather-immunity section of the New Jersey Tort Claims Act, N.J.S.A. 59:4-7, for failing to treat icy conditions on a state highway. The Law Division found that the weather immunity applied, and granted summary judgment for the State. Although...

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