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FAHEY v. CITY OF JERSEY CITY

52 N.J. 103 (1968)

244 A.2d 97

JOHN FAHEY, AN INFANT, BY HIS GUARDIAN AD LITEM, THOMAS FAHEY, AND THOMAS FAHEY AND VIRGINIA FAHEY, HIS WIFE, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CITY OF JERSEY CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. GERALD MARK WILLIAMS, BY HIS GUARDIAN AD LITEM, JERRY WILLIAMS, AND JERRY WILLIAMS, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. BOROUGH OF RED BANK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued June 4, 1968.

Decided June 28, 1968.

Attorney(s) appearing for the Case

Mr. Sigmund Auerbach argued the cause for plaintiffs-appellants Fahey (Mr. James G. Lepis, on the brief).

Mr. T. James Tumulty and Mr. Irving I. Vogelman argued the cause for defendant-respondent City of Jersey City (Mr. James H. Dowden, on the brief).

Mr. Frank A. Pelliccia argued the cause for plaintiffs-appellants Williams (Mr. Charles B. Klitzman, attorney; Mr. Pelliccia, of counsel).

Mr. Stephen J. Foley argued the cause for defendant-respondent Borough of Red Bank (Messrs. Campbell, Mangini, Foley & Lee, attorneys; Mr. Michael J. Cernigliaro, on the brief).

The opinion of the court was delivered by SCHETTINO, J.

These two cases have been consolidated as each involves the question of municipal immunity from tort actions arising out of the construction and maintenance of public playgrounds and recreational facilities. They present similar factual patterns and legal issues.

On August 28, 1964, infant plaintiff in A-43, John Fahey, then 11 years of age, was playing in the playground area of a public park owned and...

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