SMITH v. STATE, DEPT. OF TRANSP.


247 N.J. Super. 62 (1991)

588 A.2d 854

GEORGE E. SMITH, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT, AND LOUIE MONROE AND JOSEPH'S EXPRESS COMPANY, INC., DEFENDANTS. LISA FERRARA, AN INCOMPETENT BY AND THROUGH HER GUARDIAN AD LITEM, JOANNE GALYEAN, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT, AND GEORGE E. SMITH, LOUIE MONROE, AND JOSEPH'S EXPRESS CO., INC. DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1991.


Attorney(s) appearing for the Case

Gary D. Ginsberg argued the cause for appellant George E. Smith (Friedman, Bafundo, Ginsberg & Porter, attorneys; Gary D. Ginsberg on the letter brief).

William J. Schmidt argued the cause for appellant Lisa Ferrara (White and Williams, attorneys; William J. Schmidt on the brief).

Richard M. Orr, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Richard M. Orr on the brief).

Before Judges J.H. COLEMAN and ASHBEY.


The opinion of the court was delivered by J.H. COLEMAN, P.J.A.D.

This is an appeal from a summary judgment holding that the New Jersey Department of Transportation (DOT) has immunity under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. (Act), for the claims alleged against it in the two complaints respecting traffic signs to warn motorists of a low overpass. We agree and affirm.

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