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COYNE v. STATE, DEPT. OF TRANSP.

867 A.2d 1159 (2005)

182 N.J. 481

Edward T. COYNE and Sandra Coyne, his wife, Plaintiffs-Appellants, v. STATE of New Jersey, DEPARTMENT OF TRANSPORTATION and Vincent M. McDaniel, Defendants-Respondents, and John Doe 1-10, Jane Doe 1-10 and John Doe Corp. 1-10, fictitiously named, Defendants.

Supreme Court of New Jersey.

Decided March 2, 2005.

Attorney(s) appearing for the Case

E. Drew Britcher, Glen Rock, argued the cause for appellants (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica E. Choper, on the briefs).

Howard J. McCoach, Deputy Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Jacqueline A. Augustine, Deputy Attorney General, on the brief).

Anne P. McHugh, Princeton, submitted a brief on behalf of amicus curiae, Association of Trial Lawyers of America-New Jersey (Pellettieri, Rabstein & Altman, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal raises the serial issues whether the discretionary immunity provisions of the Tort Claims Act, N.J.S.A. 59:2-3a, bar the underlying negligence claim pressed by plaintiff Edward Coyne against defendants the New Jersey Department of Transportation (DOT) and Vincent McDaniel, one of its employees, and, if not, whether defendants' actions were "palpably unreasonable." N.J.S.A. 59:2-3d. We...

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