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GARRISON v. TOWNSHIP OF MIDDLETOWN

712 A.2d 1101 (1998)

154 N.J. 282

Dennis GARRISON, Plaintiff-Respondent, v. TOWNSHIP OF MIDDLETOWN, Defendant-Appellant, New Jersey Transit, Defendant.

Supreme Court of New Jersey.

Decided July 7, 1998.

Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, for defendant-appellant (Dowd & Reilly, attorneys).

Steven L. Kessel, Red Bank, for plaintiff-respondent (Drazin and Warshaw, attorneys).

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

The New Jersey Tort Claims Act (Act), N.J.S.A. 59:4-1a, defines a "dangerous condition" on the property of a public entity as "a condition of property that creates a substantial risk of injury when such property is used with due care in a manner in which it is reasonably foreseeable that it will be used." This appeal questions the extent to which the reasonableness of a claimant's use of property is relevant...

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