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KAIN v. GLOUCESTER CITY

DOCKET NO. A-4854-12T2

94 A.3d 937 (2014)

436 N.J. Super. 466

Michael C. KAIN, Plaintiff-Appellant, v. GLOUCESTER CITY, Gloucester City Sail, Inc., Robert Bevan, and Charles Reed, jointly, severally, individually and in the alternative, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 2014.

Attorney(s) appearing for the Case

Kenneth G. Andres, Jr. , argued the cause for appellant (Andres & Berger, P.C., attorneys; Mr. Andres and Tommie Ann Gibney , Haddonfield, of counsel; Abraham Tran , on the briefs).

Francis X. Donnelly argued the cause for respondents Gloucester City and Robert Bevan (Mayfield, Turner, O'Mara & Donnelly, P.C., attorneys; Mr. Donnelly , Cherry Hill, of counsel; Robert J. Gillispie, Jr. , on the brief).

James W. Carbin argued the cause for respondents Gloucester City Sail, Inc. and Charles Reed (Duane Morris LLP, attorneys; Mr. Carbin , Newark, of counsel and on the brief).

Before Judges FISHER, ESPINOSA and O'CONNOR.

The opinion of the court was delivered by

ESPINOSA, J.A.D.

The plan or design immunity provision of the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to :12-3, applies to injuries caused by "the plan or design of public property" approved "by the Legislature or the governing body of a public entity or some other body or a public employee exercising discretionary authority to give such approval...." N.J.S...

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