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SIMS v. CITY OF NEWARK

244 N.J. Super. 32 (1990)

581 A.2d 524

SARAH SIMS AND SHARON SIMS, PLAINTIFFS, v. CITY OF NEWARK, PHILIP BAGBY AND DOLLIE BAGBY, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

June 28, 1990.

Attorney(s) appearing for the Case

Edward A. Colligan for plaintiffs (Colligan & Colligan, attorneys).

Siobhan A. Teare for defendant City of Newark (Glenn A. Grant, Corporation Counsel, attorney).

John J. Fannan, for defendants Philip Bagby and Dollie Bagby (Lee Graham Karosen, attorney).

VILLANUEVA, J.S.C.

This is an action against the City of Newark (city) and Philip Bagby and Dollie Bagby, property owners for property damage and personal injuries sustained by plaintiffs when a decayed tree limb fell on their parked car.

The issue involved in the city's motion for summary judgment to dismiss the complaint is whether a city is liable for negligent maintenance of all trees bordering its streets.

The court holds that the city enjoys...

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