CONTEY v. NEW JERSEY BELL TELEPHONE CO.


136 N.J. 582 (1994)

643 A.2d 1005

ALTHEA CONTEY, PLAINTIFF-APPELLANT, v. NEW JERSEY BELL TELEPHONE COMPANY AND ROCKLAND ELECTRIC COMPANY, DEFENDANTS-RESPONDENTS, AND JOHN DOE (OWNER OF UTILITY POLE AND SURROUNDING PROPERTY); BOROUGH OF FRANKLIN LAKES, COUNTY OF BERGEN; AND STATE OF NEW JERSEY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 20, 1994.


Attorney(s) appearing for the Case

Anthony C. DiLella argued the cause for appellant.

Leonard P. Rosa argued the cause for respondent New Jersey Bell Telephone Company (Harwood Lloyd, attorneys).

C. Douglas Reina argued the cause for respondent Rockland Electric Company (Abrams, Blatz, Gran, Hendricks & Reina, attorneys; Barry E. Rosenberg, on the brief).


The opinion of the Court was delivered by O'HERN, J.

This case requires us to consider again the limits of proximate cause and the limits of legal duty as defined by the foreseeability of harm to others. The case arises from an automobile accident in the Borough of Franklin Lakes. Plaintiff, Althea Contey, while driving on an unfamiliar street in the early morning hours, missed an unmarked turn in the road and struck a utility pole. The pole stands approximately ten...

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