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EASON v. NJAFIUA

274 N.J. Super. 364 (1994)

644 A.2d 142

JOANNE EASON, PLAINTIFF-APPELLANT, v. NJAFIUA AND TOWNSHIP OF MONTCLAIR, DEFENDANTS-RESPONDENTS, AND REGENCY INSURANCE, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE CO., AS SERVICING CARRIER FOR THE NJAFIUA, AND CHESTER JOHNSTONE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Cynthia N. McKee argued the cause for appellant (Ms. McKee, on the brief).

Steven J. Sloan argued the cause for respondent New Jersey Automobile Full Insurance Underwriting Association (Siegel & Siegel, attorneys; Randie L. Ehrlich, on the brief).

John C. Kennedy argued the cause for respondent Township of Montclair (O'Donnell, Kennedy, Vespole, Piechta & Trifiolis, attorneys; Mr. Kennedy, of counsel and on the brief).

Before Judges PRESSLER, DREIER and KLEINER.

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

Plaintiff, Joanne Eason, appeals from the involuntary dismissal of her claims against defendant Township of Montclair on the basis of the immunity provided by the New Jersey Tort Claims Act. She also appeals from a summary judgment enforcing a twenty percent "reimbursement set-off" for non-economic losses contained in plaintiff's insurance policy.

On June 4, 1989, plaintiff was driving north on Willowdale...

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