SEALS v. COUNTY OF MORRIS

Nos. A-5433-08T3, A-0475-09T3.

8 A.3d 796 (2010)

417 N.J. Super. 74

John SEALS and Julia Seals, his spouse, Plaintiffs-Respondents/Cross-Appellants, v. COUNTY OF MORRIS, Defendant-Respondent/Cross-Appellant, and Township of Washington, State of New Jersey, Ray Drake, Jack Lanzaro, Officer Leonardi, Verizon, AT & T, Cingular, Bell System, Bell Telephone, and Sprint, Defendants, and Jersey Central Power & Light, First Energy Corporation, Defendants-Appellants/Cross-Respondents. John Seals and Julia Seals, his spouse, Plaintiffs-Respondents/ Cross-Appellants, v. County of Morris, Defendant-Appellant/Cross-Respondent, and Township of Washington, State of New Jersey, Ray Drake, Jack Lanzaro, Officer Leonardi, Verizon, AT & T, Cingular, Bell System, Bell Telephone, and Sprint, Defendants, and Jersey Central Power & Light, First Energy Corporation, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 2010.


Attorney(s) appearing for the Case

Ronald A. Berutti argued the cause for appellants/cross-respondents (A-5433-08T3) / respondents (A-0475-09T3) Jersey Central Power & Light and First Energy Corporation (Weiner Lesniak, L.L.P., attorneys; Mr. Berutti and Arnold Gerst, Parsippany, of counsel; Mr. Berutti, on the brief).

William L. Gold , West Orange, argued the cause for respondents/cross-appellants John Seals and Julia Seals (A-5433-08T3 and A-0475-09T3) (Bendit Weinstock, attorneys; Gerald Compeau, Morristown, of counsel; Mr. Gold, on the brief).

Gary C. Algeier , Assistant County Counsel, argued the cause for respondent/cross-appellant (A-5433-08T3) / appellant/cross-respondent (A-0475-09T3) County of Morris (Daniel W. O'Mullan, Morris County Counsel, attorney; Mr. Algeier, of counsel; Kathryn J. Kingree, Morristown, on the brief).

James B. Ventantonio , Warren, argued the cause for amicus curiae Verizon New Jersey, Inc. (A-5433-08T3 and A-0475-09T3) (Ventantonio and Wildenhain, P.C., attorneys; Mr. Ventantonio, on the brief).

Britcher, Leone & Roth, L.L.C., attorneys for amicus curiae New Jersey Association for Justice (A-5433-08T3 and A-0475-09T3) ( E. Drew Britcher , Glen Rock, and Jessica E. Choper , on the brief).

Before Judges FISHER, SAPP-PETERSON and ESPINOSA.


The opinion of the court was delivered by

SAPP-PETERSON, J.A.D.

In these appeals, we consider the liability, if any, of defendants, Jersey Central Power and Light and First Energy Corporation (JCP & L), for injuries sustained by plaintiff,1 John Seals, whose vehicle struck a utility pole owned by JCP & L, and whether the provisions of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, serve as a bar to...

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